Intellectual property in New Zealand

Having an Australian trade mark, patent, design right or plant breeder’s right (PBR) doesn't secure protection in New Zealand. Here's how you can protect your IP in New Zealand.

If you’re considering applying for an IP right overseas, we recommend engaging an IP attorney. They can help you understand the country’s eligibility requirements and fees, lodge applications, and manage your IP rights once they're protected. In some countries, local laws may require you to work with an IP professional.

Find an IP professional who can represent you in your target country or region by visiting Get professional assistance with your IP.

What types of IP can you register?

In New Zealand, you can protect your IP with a trade mark, patent, design right or PBR.

What to consider

Before applying, make sure you:

  1. Understand what's considered a trade mark in New Zealand and if your trade mark is eligible for protection
  2. Consider whether you should apply for a trade mark in Australia first
  3. Know the cost of applying for a trade mark in New Zealand and through the Madrid System
  4. Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your trade mark hasn't already been protected in New Zealand. An IP professional can help you with this. 

How to apply

There are two ways to apply for a trade mark in New Zealand:

  1. Through the Intellectual Property Office of New Zealand (IPONZ)
  2. Through the Madrid System.

Apply via IPONZ  Apply via the Madrid System

What to consider

Before applying, make sure you:

  1. Understand what's considered a patent in New Zealand and if your idea is eligible for protection
  2. Consider whether you should apply for a patent in Australia first
  3. Know the cost of applying for a patent in New Zealand
  4. Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your idea hasn't already been protected in New Zealand. An IP professional can help you with this. 

How to apply

There are two ways to apply for a patent in New Zealand:

  1. Through the Intellectual Property Office of New Zealand (IPONZ)
  • If you have a provisional application, you'll need to file within 12 months to secure your priority date.
  1. Through the Patent Cooperation Treaty (PCT)
  • If you have an international application, you can apply to IPONZ and convert your application into a New Zealand patent application. This is called 'entering the national phase'.

You may also be entitled to fast track examination under the Global Patent Prosecution Highway.

Apply via IPONZ  Apply via the PCT

What to consider

Before applying, make sure you:

  1. Understand what's considered a design right in New Zealand and if your design is eligible for protection
  2. Consider whether you should file your design right application in Australia first
  3. Know the cost of registering a design right in New Zealand
  4. Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your design isn't already published in New Zealand. An IP professional can help you with this. 

How to apply

To register a design right in New Zealand, apply directly to the Intellectual Property Office of New Zealand (IPONZ).

Apply via IPONZ

What to consider

Before applying, make sure you:

  1. Understand what's considered a PBR in New Zealand and if your plant variety is eligible for protection
  2. Consider whether you should apply for a PBR in Australia first
  3. Know the cost of registering a PBR in New Zealand
  4. Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your PBR isn't already protected in New Zealand. An IP professional can help you with this. 

How to apply

To register a PBR in New Zealand, apply directly to the Intellectual Property Office of New Zealand (IPONZ).

Apply via IPONZ

What other IP can you register?

New Zealand also administers IP rights for geographical indications.

Geographical Indications

The Intellectual Property Office of New Zealand's (IPONZ) is responsible for registering geographical indications in New Zealand.

What can be protected without registration?

Copyright

As in Australia, copyright in New Zealand arises automatically when creative material is made.

Integrated circuit layouts

In New Zealand, integrated circuit layouts are an unregistered right. 

Trade secrets: 

There's no formal application or registration process for trade secrets in New Zealand.

Further guidance

  • To learn more about intellectual property in New Zealand, visit IPONZ.
  • To find out more about New Zealand's WIPO membership, check out New Zealand's WIPO member page.
  • If you're considering exporting to New Zealand, the Export Council of Australia provides information on licensing, clearances, and access to finance and trade agreements.
  • For information about New Zealand's export market and economy, you can check Austrade and DFAT's profiles.
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