INTELLECTUAL PROPERTY EXPLAINED FOR ENTREPRENEURS

Have you joined one of the X spaces that TransformSA hosts every Thursday? If not, you’re missing out! For those steering clear of Twitter due to its toxic content, I get it, Twitter users can be pretty brutal. But there’s a gem called X spaces, a safe haven for professionals and business owners alike.

X spaces is a great feature that allows users to have live audio conversations with one another or in groups. Since its rollout in December 2020, it’s been a game-changer for building personal connections with audiences.

What I really like about TransformSA’s X spaces is the lineup of weekly panelists who are true subject matter experts. They share invaluable knowledge, and participants get the chance to ask questions directly.

One of the most intriguing topics we’ve covered was “Intellectual Property for Entrepreneurs: Patents and Copyright.” We had some of the brightest legal minds sharing their insights with listeners. One standout panelist was Tumelo Mashabela, the first black female patent attorney in South Africa. 

Tumelo Mashabela

(Image : Supplied)

Tumelo graduated with an engineering degree from the University of Cape Town and obtained her LLB from the University of South Africa. She qualified as a patent attorney and has since established her own law firm, Tshaya Mashabela Attorneys. With 18 years of experience in intellectual property, including over 16 years as a patent attorney, Tumelo brought a wealth of knowledge and expertise to our discussion.

Jessica-Jayde Dolata

Jessica-Jayde is the Managing Director of Dolata Clement & Co, a law firm that focuses on litigation, intellectual property, family, and commercial law. She prides herself on working tirelessly and relentlessly to give her clients the results they deserve.

Viteshen Naidoo

Viteshem is a junior associate in the Intellectual Property Division at Barnard Inc. He is also experienced in general practice civil litigation, handling everything from collection matters to contract disputes. Viteshem is a graduate of the University of Cape Town’s LLM Intellectual Property Masters programme.

Here is the conversation:

What is Intellectual Property?

Tumelo: Intellectual property (IP) is an umbrella term that refers to various IP rights, each protecting different aspects of creativity and innovation. Here are some key types of IP rights:

Patents: A patent protects an underlying concept, invention, or technological solution that is new and non-obvious. For example, during the COVID-19 pandemic, patents protected some of the technologies and vaccines created to combat the virus. A patent has a term of 20 years, and once you obtain it, you must pay renewal fees annually.

Trademarks: A trademark protects your logo, slogan, or brand, distinguishing your goods and services from others. To obtain a registered trademark, you must undergo a registration process.

Copyrights: Copyright protects your music, literary works, and other creative outputs. Unlike patents and trademarks, copyright does not require a registration process; it automatically applies to your work upon creation.

Registered Designs: A registered design protects the appearance of a product, such as the look of a sneaker. Obtaining a registered design is relatively cheaper and straightforward, making it an accessible option for protecting the aesthetics of your products.

Jessica: Tumelo is absolutely right. Intellectual property (IP) is indeed an umbrella term, and it’s often misunderstood. Many people start their conversations with “I need to protect my IP,” but they don’t fully grasp what IP entails, just as Tumelo explained. It’s crucial to understand the different terms under this umbrella.

There’s also something called a trade secret, which is information that only your employees or those directly involved in your business know. Unlike other forms of IP, a trade secret is not necessarily protected by registration or application. It’s established through the course of trade. For example, the formula for Coca-Cola is a well-known trade secret. Employees of Coca-Cola know the ingredients, but it may not be patented because patents have a limited duration.

How can you determine if your invention is eligible for a patent, Viteshen? 

Viteshen: I am not a patent attorney but the fundamental requirements for a patent include the invention being novel and capable of industrial application. Additionally, the patent law specifies certain things that cannot be patented, such as biological materials. It’s essential to conduct this evaluation with the guidance of a patent attorney.

Tumelo: Before filing a patent, your invention must meet specific requirements. You mentioned determining if your invention is novel. When you consult with an attorney, we will ask you to disclose your invention. Sometimes, we’ll request that you fill out a disclosure form. I will then conduct a novelty search, looking at various international databases to determine if someone has filed a similar patent in another country. Remember, as my colleague mentioned, your invention is supposed to be novel. Novelty means that your invention should not have been done anywhere else in the world.

Leave a Reply

Your email address will not be published.