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Trade Marks and Branding A registered trade mark will protect your brand name or logo. You can register a word, a logo, a label, a picture or even a sound, shape or smell. In every case, the trade mark must be distinctive. In primary industries, trade marks have been used widely, both to identify a business and to control the marketing and sale of products and services. A number of national organisations use certification trade marks to protect the integrity of the use of systems and processes. Patents A patent protects a novel idea, which can be applied in an industry such as agriculture. A patent gives protection to the owner for a period of 20 years from the date of filing the complete specification. The owner of the patent must not disclose the invention to the public prior to the application being made. It is essential that confidentiality agreements are entered into should an investigation be required prior to their application being made. Patent applications can be made world wide and in most cases applicants choose those markets in which they think that they are most likely to wish to develop and sell their invention in. Plant Variety Rights A plant variety right is a form of intellectual property protection for a new variety of plant which is distinct, stable and uniform. The right lasts for 20 years for non woody plants and 23 years for woody plants and rootstocks. The plant variety right gives the owner the exclusive right to propagate and sell plants of the new variety. There are many new varieties in agriculture, being developed by Crown Research Institutes and private organisations. However, because nature is continuously evolving, new varieties are created by natural cross-breeding and the discoverer of those varieties, if they are distinct, stable and uniform, is entitled to a plant variety right. The owner of a plant variety right may propagate for sale the variety or licence others to do so, charging a royalty for each plant that is sold. Licensing Licensing is an integral part of commercialising intellectual property. Patents, designs, copyright works, plant variety rights and business methods can all be licensed by the owner to a licensee who pays a royalty for the privilege of the use of the intellectual property. Licences can be exclusive or non-exclusive, for territories and whole countries. Licences are an effective way of using other people’s skills to maximise the value of intellectual property.
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