The leading intellectual property law firm in Australia and New Zealand

Baldwins

HSBC House Level 15 1 Queen Street

Firm's Overview

Baldwins

About Baldwins

Established in 1896, we are one of Australasia’s leading intellectual property law firms. Our clients are based in New Zealand, Australia and throughout the world. Our mission is to help you achieve and maintain a commercial advantage by protecting, developing, commercialising and enforcing your intellectual property assets. We will work with you to understand your wider commercial objectives and provide pragmatic, cost-effective advice specific to your needs. Baldwins intellectual property lawyers and patent attorneys offer a consolidated approach to managing your intellectual property throughout Australasia.

Patents

Create a competitive advantage and protect your R&D investment. A patent gives its owner the power to prevent others from making commercial use of an invention for up to 20 years.

Why patent?

Patents are valuable business assets that may be used strategically to protect or expand market share and competitive advantage, increase the value of a business, and provide additional revenue streams.

When can something be called an invention?

The range of what can be considered an invention is vast. It includes mechanical and electrical devices and circuits, chemical compositions and biotechnology, as well as methods or processes relating to these fields and others.

The importance of keeping an invention confidential

In most countries, to obtain a patent the invention must be new, so it’s important the invention remains confidential until a patent application has been filed.

Baldwins’ expertise

Baldwins’ patent services include:
  • searches to determine the ability to use and patent an invention;
  • filing and examination of patent applications;
  • patent portfolio management;
  • patent audit and intellectual property reviews;
  • oppositions to and revocations of patents;
  • infringement and enforcement of patents; and
  • licensing and transfer agreements.
We operate patent teams in mechanical, electrical and electronic, chemical and biotechnology specialisations. They have a depth of experience in New Zealand and offshore patent work. A number of our attorneys are European qualified, and we work with attorneys in other regions on a daily basis. We have the skills and the network to assist in nearly all countries and technical areas. Our clients range from large multinationals to small businesses, start-ups, research organisations, universities and individuals. For more information, please contact one of our patent specialists today.

Trade marks

A trade mark is a sign or brand that distinguishes your goods and/or services from those of others. It can be a word, image, logo, slogan, sound, shape, smell or a combination of these. The process of mark registration with the trademarks office (or "trademarks registry") of a particular jurisdiction is called trade mark registration.

The importance of a well-managed trade mark

A trade mark is a ‘badge of origin’ by which customers will recognise the source and quality of your goods and/or services. It’s also a valuable tool for advertising, promoting and developing your business identity. When they recognise your trade mark, customers are likely to make repeat purchases or recommend your goods and/or services to others. A well-managed trade mark portfolio is therefore a valuable business asset.

Expertise and experience in brand protection

Whether you have long-established trade marks or you’re just starting out and wondering how best to protect your brand, Baldwins can help. Being one of the top filers of trade mark applications in New Zealand, we have the expertise and experience to advise you on developing, protecting and maximising the potential of your trade mark portfolio. Our trade mark services include:
  • searches to ascertain the ability to use and register a trade mark;
  • filing and examination of trade mark application
  • trade mark portfolio management
  • trade mark audit and intellectual property reviews;
  • oppositions and revocations of trade marks
  • infringement and enforcement of your trade mark
  • domain names; and
  • licensing arrangements and transfer agreements.
Baldwins has a dedicated trade mark department comprising six teams in Auckland, and Wellington. The firm has approximately 15 lawyers and patent attorneys that specialise in trade marks, a number are dual qualified. Our clients range from large multinationals, to small businesses, start-ups, research organisations and individuals. We provide trade mark services in Australia, New Zealand and the South Pacific. We also work closely with an extensive network of agents and colleagues internationally.

Copyright

Assert your rights as the author of an original work and prevent competitors from copying your products, brand or creative works.

What is copyright?

In New Zealand, copyright arises automatically under the Copyright Act 1994 upon the creation of various original works. These include literary, dramatic, musical and artistic works, as well as sound recordings, films, communication works and the typographical arrangement of published editions. The range of works protected as ‘artistic works’ is very broad and can include virtually any original graphic works, such as industrial designs and logos. Copyright in New Zealand does not need to be (and cannot be) registered, unlike other intellectual property rights such as trade marks, patents, and designs. Many other countries do have a copyright registration system. While New Zealand law does not require that copyright owners use the © symbol to identify their work, if used prominently it creates an additional layer of protection by putting the public on notice that the work is subject to copyright.

Copyright owners’ rights

Copyright is a long-lived right, in many cases lasting for well over 50 years. The owner of copyright generally has the exclusive right to copy and distribute protected works and to authorise others to do so, although there are various exceptions to this. Authors of copyright works can also assert their moral rights, for example, to insist that they are identified as the author of a work or to object to derogatory treatment of it.

How Baldwins can help

Copyright is a complex area and we provide a wide range of advice on copyright related matters. Commercialisation:  We have an experienced team that specialises in helping clients commercialise products they have protected by copyright. Ownership: We advise on the existence and ownership of copyright, particularly where there may be more than one author of a copyright work or where a work has been commissioned or arisen in the course of an employee’s employment. To give effect to ownership rights, we often prepare deeds of assignment of rights in copyright works. We also provide advice on Crown copyright. Enforcement:  We specialise in copyright enforcement. Depending on our clients’ objectives, this may involve merely seeking recognition of authorship, requesting removal of copyright material from websites, requiring a licence to use copyright material, sending cease and desist letters, or pursuing copyright infringement proceedings before the Courts.

Registered Designs

Protect the unique appearance of your products and create a competitive advantage.

What is a registered design?

A registered design gives its owner the power to prevent others from making or selling a product that has a similar appearance to the registered design.  Registered designs can remain in effect for up to 10 to 20 years depending on the country in which the design is registered. Designs are intended to protect features of a product that have ‘eye appeal’. Examples of product designs that may be registered include spectacle frames, tyre treads, lights, bottles, and icons for apps. In most countries, to obtain a design registration the design must be new at the time of filing the application to register. It is important therefore, that the design remains confidential until an application has been filed.

Why register a design?

Designs are useful to at least prevent direct copying, although usually the protection they give extends beyond that.  They may be used strategically, especially with other rights such as trade marks and patent rights, to protect or expand market share and competitive advantage, increase the value of a business, and provide additional revenue streams.

Baldwins’ expertise

We operate teams that have a depth of design rights experience in New Zealand and offshore.  We work with attorneys in other jurisdictions on a daily basis, so we have the skills and the network to assist in nearly all countries and technical areas. Our clients range from large multinationals to small businesses, start-ups, research organisations, universities and individuals. Baldwins’ services include: •    searches to determine the ability to use a product design; •    filing and examination of registered design applications; •    registered design portfolio management; •    registered design audit and intellectual property reviews; •    revocations of registered designs; •    infringement and enforcement of  registered designs; and •    licensing and transfer agreements. For expert advice and assistance with design rights , contact our specialist team today.