This article contains important information regarding Intellectual Property
Introduction
i.
Reward and compensate creative individuals.
ii.
Qualified monopoly to enable creative individuals to gather “commercial fruits” accruing by reason of their talent/labours.
iii.
Benefit society by encouraging creative individuals to develop additional intellectual products which ultimately encourage future progress and development
iv.
IP is an important business asset:
·
Commercial exploitation of which underpins and compliments successful and aggressive marketing and brand awareness campaigns;
·
Culminating in achieving a competitive advantage in the marketplace.
v.
IP is multi-faceted, of underrated strategic value and, if properly exploited, serves as a mechanism to:
·
Successfully launch new products/services in unchartered territories;
·
Examine merger opportunities;
·
Block/frustrate competitors;
·
Financing or investment (once valued).
What is a trade mark and how does it function?
i.
A brand?
ii.
A badge of origin?
iii.
A badge of quality?
iv.
An advertising device?
v.
Capability of distinguishing?
Inherently capable
or
By reason of prior use
vi.
“New Act” – Trade Marks Act No 1993 of 1993 :
A ‘mark’ is defined broadly in the Act as any sign capable of being represented graphically, including a device, name, signature, word, letter, numeral, shape, configuration, pattern, ornamentation, colour or container for goods or any combination of the aforesaid – (not exhaustive).
v.
Options to consider for gaining maximum benefit/competitive advantage in the marketplace:
a.
Colours or combinations: thereof
BOXER gold; Europe – BP green for petrol services ; UK – CADBURY purple for chocolate; UK – BARCLAYS turquoise for banking services.
