You thought of it – now protect it

Intellectual property comprises many different rights that come into existence because of the creative efforts of individuals. 

Your morning workout is in a pair of Puma trainers and Nike shorts and T-shirt.  Back from the gym you toast Woolworths bread in a Salton toaster – which enjoys design protection - get into the shower and use Palmolive soap, brush your teeth with Aquafresh toothpaste before getting into your BMW to go to work.  This vehicle uses technology that is probably made up of certain inventions, for example in the braking system or fuel system, which may be protected by patents.  The design of the body work could be protected by a registered design.  On the way you may listen to music on your iPod and talk, via your blue tooth, on your Samsung cell phone.

All of this is part of everyday life – and in greater or lesser terms comprises of the fruits of someone else’s idea – an individual’s intellectual property. 

“Once individuals have created something, it becomes essential to ensure that this creation remains the designer’s property – intellectual property - hence patent and trade mark registration,” says Kelly Thompson, trade mark attorney and partner at Adams and Adams, leading intellectual property law firm.

“These rights include trade mark rights, copyright in artistic, musical and literary works, design rights in functional and aesthetic designs and patent rights for inventions.

“Intellectual property rights have huge value.  To the innovator or creator they provide a mechanism to recover research and development costs and to reward ingenuity.  In South Africa, for example, the Kreepy Krauly case is a shining example.  Had Ferdinand Chauvier, the creator of this internationally acclaimed pool cleaner not registered the fruits of his idea, he would probably not have reaped the benefits.”

Today most retailers stock the Kreepy Krauly range of products. Kreepy Krauly exports to Canada, the United States, Europe, the Middle East, Africa, Australia and the Indian Ocean Islands.  Over 1,5 million cleaners have been sold internationally.

Thompson says for consumers, a brand guarantees a certain standard and quality in the products purchased, which consumers need to distinguish one product or service from another.

“As intellectual property has such great value, it is important to concentrate on protecting it.  From a business perspective, registered protection for the trade marks, patents and designs that you create is very important. 

“Protecting and enforcing these rights is as important as registering them.  Each of us can make a contribution to stop counterfeiting and related crimes.  This includes not purchasing counterfeit goods and not contributing to the welfare of the crime syndicates that are often involved in their sale.  Furthermore, if you see fake goods, report them to the brand owner or authorities so that action can be taken,” she says. 

Kelly Thompson
Partner
Adams & Adams
kelly-t@adamsadams.co.za

For more information visit http://www.adamsadams.com or phone
012 481 1500.