On 29 July 2021, together with Von Seidels, we brought you a masterclass titled ‘IP Primer 2.0’ hosted by Christine Strutt, Trademark & Copyright Attorney. In this masterclass we learned all about the traditional forms of IP including trademarks, copyright, patents, and design as well as other IP vehicles such as know-how, trade secrets, domain names, image rights, data, and privacy.
Protect underlying principles (inventions)
“A patent may, subject to the provisions of this section, be granted for any new invention which involves and inventive step and which is capable of being used or applied in trade or industry or agriculture.”
– Automatic (and free) with option of registration in some countries.
– Protects original works expressed in material form.
– The © symbol indicates copyright ownership, it does not create it.
– Copyright protects only the expression of idea or concept not the idea or concept itself.
– Obtain copyright assignment from advertising agencies, web app developers and other independent contractors.
– Protect the shape and appearance of an industrial article.
– Design must be new and original / non commonplace.
– “Newness” at time of filing or within six months of launch.
– Two types (in South Africa) – Aesthetic and Functional
– Capable of distinguishing goods and services (trade names, logos, slogans, sounds, patterns, shapes)
– Capable of being represented on register to enable component authorities and the public to determine clear and precise subject matter to protection.
– Can represent in any appropriate from using generally available technology but must be:
– Fairly recent right, independent in some countries.
– In South Africa – copyright in database as “literary work”/ compilation, whereas in other countries you may be granted specific database rights.
– Consider POPIA principles when collecting, strong and processing personal information.
– Particularly important with data enabling of Internet-of-Things.
– Not registered but contractually managed, often in employment agreements or NDA’s with independent contractors.
– It does not include information which:
– Increasingly relevant as social media creates more “celebrities” and monetized endorsement deals.
– Use of avatars also becoming more popular to exploit image rights.
– In the context of intellectual property, know how is essentially the practical or technical knowledge you’ve acquired of how to accomplish anything.
– Often dealt with in employment agreements and restraints.
– Some show formats are granted copyright protection and can be licensed separate from the initial show.
– Has a value, like other IP assets, if local law recognises it.
– PBRs grants a 20/25-year monopoly on a certain variety of plant you have created.
– Traditional Knowledge laws aim to benefit indigenous communities and promote the development, protection, and management of Indigenous Knowledge.
– GI’s like “Champagne”, “Danish Feta”. “Cognac”, “Scotch”, “Porto”, “Havana”, “Tequila”, “Darjeeling” and locally KAROO LAMB AND ROOIBOS
– Non-fungible tokens of digital file containing an original image, video, sound, signature, or other digital work. “Non-fungible” means the asset has unique properties that cannot be replaced or substituted.
– Copyright ownership does not have to be included, but it can contain and embedded smart contract.
– Blockchain technology – distributed ledgers that provide authentication and various contracting and value transfer solutions.
Our next IP masterclass takes place on 31 August. Patent Attorney, Ralph van Niekerk from Von Seidels, will take us through the key IP issues that investors consider when deciding whether or not to invest in your business and go through a strategic framework for you to prepare for an IP due-diligence. Register to attend this masterclass here.