I SCREAM, YOU SCREAM, WE ALL SCREAM FOR IP!

Intellectual property (“IP”) rights have long been a foundation of the global economy, fostering innovation and creativity across various sectors. In a competitive global economy where innovation and brand recognition are increasingly pivotal, IP rights are not just legal tools to exclude others – they are central to a business’s strategy, growth, and survival.

It is often wrongly assumed that IP rights are the forte of the big players on the pitch only. At first glance, a humble ice cream stand standing next to the pitch might seem far removed from the complex domain of IP rights. Yet, when we scoop deeper, it becomes evident that even the simplest business models can be a churning pot of IP rights and issues. That said, it is sometimes difficult to identify and understand your IP rights. To assist you with the identification of your business’s IP rights we can take a tantalizing journey through the world of IP rights using the metaphor of an ice cream stand.

TRADE MARKS

The Background:

Imagine you have created a one-of-a-kind ice cream flavour called “Cherry Knot” – a frozen treasure. Over time, “Cherry Knot” becomes very popular and customers flock like inspired seagulls to your stand to get a taste of its sweet nectar. To ensure that other unscrupulous ice scream stands can’t deceive your customers by using the same name or a confusingly similar one for their inferior cardboard-tasting ice creams, you must obtain a registered trade mark for “Cherry Knot”.

Some Advantages of a Trade Mark:

• Brand protection: Trade marks safeguard your brand name, logo, and slogan.  In the ice cream context, it ensures that “Cherry Knot” remains exclusive to your ice cream stand.
• Customer trust: A recognized trade mark helps in building customer loyalty as they know exactly where their favourite ice cream flavour can be found.

PATENTS

The Background:

Your ice cream stand cannot keep up with the enormous success of your “Cherry Knot” ice cream. To remedy this situation, you develop a novel and inventive machine that churns ice cream faster, resulting in a cloud of creamy goodness. To prevent competitors from copying, using, importing, or selling your ice cream making machine in South Africa you require a patent.

Some Advantages of a Patent:

• Exclusive rights: With a patent, you have the right to exclude others from making, using, selling, offering to sell, and importing your unique ice cream making machine for the duration of the patent’s term.
• Return on investment: Developing innovative products and solutions often requires significant investment in research and development. Patents can provide a mechanism for businesses to earn a return on this investment by either selling the product at a premium or licensing the patent to others.

REGISTERED DESIGN

The Background:

Your ice cream stand is doing so well that you have developed carpal tunnel syndrome from scooping too much ice cream – we all have problems. Fear not, this is you and you have designed a new ice cream scoop with a unique ergonomic handle and shape. A design registration (also known as an industrial design) can protect the unique appearance of your ice cream scoop.

Some Advantages of a Registered Design:

• Exclusive rights: With a registered design, you have the right to prevent others from making, using, selling, offering to sell, and importing your unique ice cream scoop for the duration of the registered design. A registered design will protect the unique appearance of your ice cream scoop.
• Brand aesthetics: Unique designs can become associated with a brand, adding to its recognizability and value.
• Advantages are like those of a patent.

COPYRIGHT

The Background:

To market your ice cream stand, you come up with a catchy jingle which sticks, and an ice-cool marketing brochure. These and other creative works may qualify for copyright protection.

Some Advantages of Copyrights:

• Protection of original works: Copyright ensures that your original artistic works (the graphic depictions in your brochure), literature (the text of your brochure), music (your catchy jingle) can’t be copied or reproduced without your consent – licensing opportunities.
• No registration required: Unlike patents, registered designs, and trade marks, copyright vests automatically in certain qualifying works.

CONFIDENTIAL INFORMATION AND TRADE SECRETS

The Background:

While “Cherry Knot” is your branded flavour, the exact mixture of ingredients you use to produce your ice creams remain a secret. You also know which suppliers to use and whose ingredients would tie your customers’ stomachs into a knot.

Some advantages of confidential information:

• No expiration date: Unlike patents which expire, there is a possibility that the exact mixture of your “Cherry Knot” ice cream could remain a secret, giving you a competitive advantage.
• Can often be enforced against ex-employees, irrespective of the provisions of a restraint of trade clause.

Conclusion

By now, it should be clear then that your business is a frozen treasure trove full of IP rights. Whilst the directors and qualified staff of Wolmarans & Susan enjoy a good jingle, there is no need to scream for IP – we are a service-orientated firm that takes a Cherry Knot-like delight in assisting our clients with the identification, protection, and commercialization of their IP rights. For the scoop on IP, contact the brain-freeze free directors and qualified staff of Wolmarans & Susan.