thuli presentation

INTELLECTUAL PROPERTY RIGHTS

Presentation made at the pre-weekend boot camp Hypercube Hub

10 May 2014

By

Sithulisiwe Ncube

IP Legal Intern at DNM legal practice

AN IDEA!!!!!!!

What are we here to talk about?

Presentation outline

• Definition (s) of Intellectual Property

• The importance of IP for new enterprises

• How Intellectual Property works in Zimbabwe

• Steps entrepreneurs should take in IP protection

• IP resources available to available to entrepreneurs

• Conclusion

Definition of intellectual property

• Intellectual property refers to the intangible objects (products, processes, concepts, know – how, confidential information) which arise as a result of mental labour, human activity and creativity.

• It therefore relates to creations or expressions of the mind. In practice, it can also be referred to as the incorporeal assets of a business.

A Knowledge Economy!!!

• Where is the value of the Apple, Microsoft, Samsung, Coca-cola, KFC, Nandos etc?, is it in the buildings they own? Is it in the vehicles they own? Is it in the plant and equipment they own? NO! It is in their creative and innovative genius, secret formulas and recipes that have guaranteed them competitive advantage.

• We are now living in the knowledge economy; while physical resources remain important, knowledge resources are gaining ground; competitive advantage is now depending more and more on knowledge assets such as creativity and innovation.

Live examples

The importance of IP for new enterprises

• In some sectors, in particularly the Information Technology sector, the value of the intellectual property of the business exceeds the value of other assets of the business, for example, its physical properties.

• Many businesses, unfortunately, are not aware of their intellectual property, or do not properly manage, protect or exploit their intellectual property rights.

Strategic IP considerations for business

• Internal competitors: -employees & consultants; how do you protect your know-how, business methods, confidential information from misappropriation by employees and consultants

• External competitors: - how can you use IP to create barriers to entry, ensure market exclusivity, and protect your market position?

Separate yourself!!!• Do NOT be outdone by something you can

also have

Types of intellectual property and the rights arising

• Traditional IP titles – copyright, trademarks, patents, industrial designs, geographical indications, trade secrets

• Non-traditional IP- know how, confidential information, business methods

• Intellectual property rights are the exclusive rights that accrue to the creator or owner of intellectual property. They give the owner the right to exclude others from exploiting their creative or innovate work without their authority

IP in Zimbabwe

• Copyright, creation and requirements

• Trademark requirements and protection

• Patent protection and utilisation

• Industrial designs

• Geographical Indications

• Traditional knowledge

Steps that should be taken• Develop an IP strategy for your business• Align your IP strategy to your economic strategy,

not the other way round!!!• Rigorously follow up the regulation and

enforcement of your IP rights• Endeavour to register all of your products in

their relevant domain• Get a an attorney or agent to help you!!!

What else do I do?

• Know your market do you have a competitive edge?

• Understand your business’ culture, don’t be too rigorous, sometimes being quirky is a good thing!

• Prepare yourself from the outset that your product is going to storm the world

• Register in every new market

• Create a brand, a legacy, a unique product.

Resources available to entrepreneurs• Information is free of charge at the

• -Zimbabwe Intellectual Property Offices- Ministry of Justice and Legal affairs Century House East 38 Nelson Mandela Avenue

• -African Regional Intellectual Property Organisation- 11 Natal Road Belgravia

• -Seek the services of a qualified professional in the field

CONCLUSION• Sometimes ideas solve problems we didn’t know could

be solved or problems we didn’t know we had!!!!• Remember that we are what we repeatedly do,

Excellence thus is not an act but a habit-Aristotle

THANK YOU!!!

• Email Address -dnmlegal@gmail.com

• Contact Numbers (04) 756969