Creating something is a wonderful feeling, creating something new is even better. The word innovation is the go-to phrase for exciting and market-disrupting products or services. If you are someone who fits the market-disruptor model, you need to know about intellectual property (IP).
Intellectual property is a set of intangible assets that are owned by a company or individual. These assets can be artwork, symbols, logos, brand names or designs. In South Africa, the Companies and Intellectual Property Commission (CIPC) handles intellectual property rights. The GlobalIPco system deals with IP registrations across Africa.
Much like tangible (physical) assets, intangible assets need to be protected. This protects the ideas and products of innovators who create things that change the way we work or interact.
In this article, we look at what intellectual property is, the different types and how you can protect yours.
Types of Intellectual Property
Like we mentioned before, IPs are intangible assets. Before you can think of protecting your IP, you need to know what kind of IP you have.
1. Patents
Patents are an exclusive right given to an invention. These inventions are usually products or processes. Your patent must provide a new way of doing something or offer a solution to an existing problem.
Protecting your patent idea means others cannot use, distribute, sell or commercially use it, without your consent. In South Africa, patents are protected for a limited period of 20 years.
Patents are quite popular in technology and software companies.
2. Copyrights
Copyrights are IP protections given to authors and creators of original material. The protection is automatically granted when the content is created. The South African government says that most works eligible for copyright don’t require registration, however, cinematograph films need to be registered.
You can copyright your own work by inserting the words ‘copyright’ or ‘copyright reserved’ to protect your work. Next to it, you will put your name and the year in which the work was created.
To copyright a film, DVD or video, you need to apply to the Registrar of Copyright.
3. Trademark
Trademarks are recognisable symbols, phrases, or marks that represent a product. Trademarks legally separate the product from other products on the market. Trademarks are exclusive to a company, for example the Apple symbol seen on all Apple products.
The CIPC registers trademarks in South Africa. Your application must be lodged within one of the 45 different classes depending on your product or service the trademark will be used for.
Once you have registered the trademark, it will be protected forever. You will have to renew the registration every ten years.
You can file a trademark with GlobalIPco for $199.
4. Trade Secrets
Trade secrets are a company’s processes or processes or practices. This information is not available to the public. Trade secrets give the owner an economic benefit or advantage.
Trade secrets are a result of a company’s research and development efforts, so they are actively protected by the company. Some companies make employees sign non-disclosure agreements (NDAs) to protect their trade secrets and prevent insider trading.
5. Designs
South African IP laws make exceptions for designs, although they fall under patents. Registering your designs with the CIPC prevents others from making, using or importing them. In South Africa, you can register two types of designs: aesthetic designs and function designs.
Aesthetic designs are protected for 15 years, and functional designs are protected for 10 years. You must renew the registration annually before the expiry of the third day.
You can file your design via the GlobalIPCo system for $299.
6. Franchises
A franchise is a licence bought by an individual, company or a party. The purchaser of a franchise is called a franchisee. Buying a franchise allows you to use the franchisor’s name, trademark, knowledge and processes.
The franchise licence allows you to use a product or service under the franchisor’s name. For example, if you buy a Spur franchise, you can sell their products using the Spur name and logo.
These are the types of IP that are protected by law in South Africa. There is not yet a law or laws in South Africa that exclusively protect digital assets, but some digital assets are protected in South Africa.
To better understand how to protect your IP, you need to know which laws are in place to protect intellectual property.
Intellectual Property Laws
Patent – Patents in South Africa are protected by the Patents Act No. 57 of 1978. The Act is divided into sixteen chapters.
Copyright – Copyrights are protected by the Copyright Act of 1978 and its amendments.
Trademark – In South Africa, trademarks are governed by the Trademarks Act No. 194 of 1993.
Design – Designs are protected separately in South Africa. They fall under the Designs Act No. 195 of 1993.
Traditional/Indigenous knowledge – Traditional knowledge is protected as indigenous knowledge in South Africa. It encompasses a range of knowledge forms such as traditional dances, music, design, food, utensils etc. Traditional knowledge is protected under existing IP laws.
These laws are important to know so you can properly know how they protect your IP. Using this article, you have the information you need to apply for IP protection and ensure that it’s not used by just anyone. You can also dive into our Guide to Intellectual Property.
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