what is intellectual property?

Intellectual Property [“IP”] covers a range of creative endeavours and inventions, and includes trademarks, copyright, patents and designs.

It is essential to make sure one’s IP is adequately protected and defendable.

A trademark distinguishes your goods or services from competitor products [Coca Cola; Kaizer Chiefs; Blue Bulls, Colgate], and is also used to protect domain and trading names.

Copyright is a form of intellectual property which does not require formal registration to be enforceable against third parties and includes literary works, musical works, artistic works, sound recordings, broadcasts and computer programs.

A patent covers new inventions. It could include a new device or article, equipment or apparatus, a process for producing or manufacturing a product or chemical substances, compounds and formulations.

A design registration protects the physical appearance of an article as opposed to a patent which protects the underlying principle of how the article functions.

It is imperative that IP be protected before it becomes part of the public domain, as "loose lips sink ships".  An invention should be kept secret until a patent application has been filed, and if it becomes necessary to disclose details to third parties before the application has been filed, a written undertaking of secrecy/ non-disclosure should be signed.

If the invention is disclosed to third parties before the above steps are taken, it may destroy the novelty of the patent and it will no longer be possible to protect your invention.