By: Dennis Ndaba
27th July 2007
Launched in Johannesburg, earlier this month, the book was written by former president of the international Trademark Association Dr Frederick Mostert and Don MacRobert, a consultant IP lawyer for law firms Adams & Adams, and Edward Nathan Sonnenbergs.
“The book crystallises best practices drawn from our own experience over the years and the whole idea is to take practical tips and make them accessible to nonlawyers to create awareness about IP.”
The authors tell Engineering News that the book is easy to understand, as it has many illustrations and will act as a useful guide and a reference work.
“People must think about how to protect their own creations. We have applied to register Gautrain and Bombela as trademarks. “The patent can be on new drilling technology or the train movement. The more rights one has, the more protection.
“Companies need to register their IP early and quickly, and one of the two golden principles in the book is ‘first in time, first in rights’,” the authors say.
In the South African context, there are many valuable ideas that can come from one’s kitchen table or laptop, and they go unprotected because people do not register them.
“We are finding that, on products advertised, only 35% are regis- tering their trademarks, which is very careless because one loses rights until one registers a trademark, which can allow one to sue for infringements.”
Registering a trademark comes with tax advantages in one’s own name, as the South African Revenue Service treats an unregistered trademark as goodwill, not as brand value.
“It is important to protect the trademark, and our research shows that most South African companies are doing well, but they are not looking after their IP adequately.”
The authors believe one of the strengths of protecting a trademark is that this prevents counterfeit goods.
The book will create awareness in the business community and will spur companies to do an audit of all their IP, since adopting a few safeguards can make the difference between building a business and regretting missed opportunities.
Sometimes, beyond business, one can protect historical cultural heri- tage icons. The authors have been successful in protecting the name of former president Nelson Mandela, as a State emblem of South Africa.
Edited by: Martin Zhuwakinyu
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