You’ve got a wonderful and unique idea for a business and you tell everyone about it to see what other people think about it. The next thing you know, somebody has taken your idea and turned it into reality before you even had a chance. You should have looked at your intellectual property rights. But what is intellectual property and why is it important? The World Trade Organisation defines intellectual property rights as “… the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.” Creations of their minds include unique ideas that you may have for a business. You have the right to prevent others from ‘stealing’ your ideas and profiting from them.
In order to prove that an idea is unique and is yours, it needs to be formally registered. This can be done through the Companies and Intellectual Property Registration Office. Registration can be complex and you may have to employ expert legal advice to assist you.
When is it necessary to register your intellectual property?
If you are starting a small business that is common, such as a chicken farm, a market stall or a small Spaza shop, you will not need to register intellectual property. However if your idea is unique and can be copied as in the following instances, you may want to look at registering your intellectual property.
Inventions
If you have an invention, you can use a patent to protect it. This allows the inventor exclusive rights to manufacture and sell the product for a period of time, usually 20 years. Without the owner’s permission, the invention cannot be commercially made, utilized, shared, copied or sold during this time.
Design or writing
Unless you have been specifically commissioned to make it for an employer or consumer, you will normally enjoy automatic protection – or copyright – of your work if you are an author or designer. It is not necessary to apply for copyright (unless the product is a film), but the words “Copyright,” “Copyright Reserved,” or “Copyright [Your Name] 2004” must be written on the work. “[Your Name] 2004” can also be used as a copyright sign.
You can go beyond copyright as a designer and register a design. The registration grants you an exclusive right for ten years (for aesthetic designs) or fifteen years (for functional designs). The registration must be renewed every year.
Names
You can register a trade mark if you come up with a memorable brand name (like Nando’s), logo (like the South African Airways tail fin), or slogan (like Kentucky Fried Chicken’s “Finger-licking good”). While you can simply go to court to defend unregistered names or phrases used by your company, it is far easier to protect them if they are properly registered. The registration must be renewed every ten years and will protect you for the rest of your life.