← Internal factors in a global business

Matching the IP form to the actual asset

A recurring, specifically-punished error is naming the wrong form of intellectual property protection for a given asset — the four forms protect fundamentally different things.

The four forms, and what each actually protects

Form	Protects	Example
Trademark	A brand name, logo, or slogan that identifies the source of goods/services	The brand name and duck logo on a product's packaging
Patent	A novel invention or process — how something works	A new manufacturing process or a mechanical invention
Copyright	Original creative work — automatic on creation, no registration needed	Marketing copy, a jingle, packaging artwork
Registered design	The visual appearance/shape of a product	The distinctive shape of a duck-shaped container

A recipe or process is closer to a trade secret or patent territory; the BRAND on the product is the trademark — conflating the two is a commonly punished mismatch.

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Naming any IP form for any asset

Calling a recipe a "trademark" or a logo a "patent" mismatches the form to the asset, which schedules specifically flag as an error even when the surrounding reasoning about benefits and costs is otherwise sound. Match the form to what is ACTUALLY being protected — a name/logo (trademark), an invention/process (patent), creative content (copyright), or a product's shape (registered design). ℹ

Registering IP in a global context

IP protection is generally territorial: a trademark or patent registered in New Zealand does not automatically protect the business overseas. A business "operating in a global context" typically must register the SAME right separately in each market it sells into — which is exactly why the cost side of an IP question is sharper for an exporting business than a purely domestic one. Exam-style Choosing the right IP right for a new product launch A business launches a new ice cream with a distinctive character name, a duck-shaped container, and a unique recipe. Identify the correct IP right for each element. The character/brand NAME: protected by a trademark, since it identifies the source of the product to consumers. The duck-SHAPED container: protected by a registered design, since it is the product's visual appearance being protected, not its name. The unique RECIPE: not well protected by any of the four registered forms — closer to a trade secret, kept confidential rather than publicly registered. ✓ Three different elements of the SAME launch, three different (or no) forms of protection — naming which applies to which is exactly what the standard tests.

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