FOOD FOR THOUGHT
Is it time to acquire a taste for intellectual property? By Sebastien Aymeric
MAKE SURE YOU GET THE
MOST OUT OF YOUR FOOD.
www.foodtechnology.co.nz 15
Is a commonly used greeting something you
can trade mark? The recent spat between My
Food Bag and giant German meal-kit company
HelloFresh over the sentence ‘Hello, Fresh Start
the Programme’ posed just that question.
HelloFresh requested that My Food Bag cease
using the phrase ‘Hello Fresh’ in any of its marketing.
My Food Bag said ’why should we?’
The squabble is a reminder that even in the commodity
world of food marketing, it pays to consider
issues of intellectual property (IP) upfront.
The New Zealand food and beverage (F&B)
industry is bursting with exciting new businesses
bringing great products and concepts to market.
Too often, however, we see companies jeopardise
their commercial value by not protecting
core intangible assets such as brands and designs
(of a product or its packaging etc).
There is a popular conception that IP is too
expensive to obtain or enforce, but that isn’t
necessarily so.
Examples of free or relatively inexpensive forms
of protection include:
• Registered designs and copyright to protect
aspects of the appearance of something
• Trade marks to protect brand names or logos
• Trade secrets to protect confidential know-how
and recipes (including via simple non-disclosure
agreements).
Think ahead and identify those that may apply to
your business.
Problems often arise when a start-up takes too
long to get its IP sorted. The golden rule with IP
is to think about it early, and plan accordingly.
This will help prevent potential headaches down
the track.
For example, you could develop a nifty brand
name, logo or packaging, only to discover that
it’s too similar to someone else’s registered trade
mark and you are potentially liable for trade mark
infringement.
Likewise, you may create a product or process
that is patentable, but premature disclosure may
prevent you from obtaining protection.
If you think you have something to protect, talk
to an IP professional sooner rather than later.
IP rights are territorial. New Zealand may be your
starter market but if you’re considering exporting,
work should be done early on to get IP
protection in your chosen overseas markets.
Global IP protection comes at a cost, of course,
but a strategic IP advisor can help you manage
this process cost-effectively.
Back to HelloFresh. Some view its actions
against My Food Bag as bullying. Others argue
that it is perfectly legitimate to defend its IP
rights.
Fact is, IP can be both a shield and a weapon.
Protecting your IP may deter the strongest opponent.
Enforcing it on the rare occasions it proves
necessary may save your business.
Sebastien Aymeric is a lawyer and associate
with national Intellectual Property specialists
James & Wells, specialising in IP commercialisation
including copyright, trade marks, patents,
confidential information, and contract
drafting and dispute resolution.
In the food and beverage business, identifying
and controlling your competitive edge is the
secret ingredient for success. At James & Wells,
we have an entire team dedicated to the cause.
We can help you own and leverage your innovative
brands and ideas, facilitate business opportunities
and ensure your labelling is compliant.
LEVERAGING
KIWI
KNOW-HOW
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