Workshop: Understanding IP and IP strategy

Written by on January 8, 2012 — 4 Comments

We will be holding our first workshop on Saturday 25 February at 9h30:

Topic: Understanding patents, designs, copyright, trademarks and know-how; getting your IP strategy right for your commercialization model; and tips on reducing IP registration costs.

Time: 2-3 hours

Venue: IdeaNav office at 9 Kruger Street, Oaklands, Johannesburg (map available at IdeaNav website)

Price: R200 pp

To book a place, please email us.

4 Comments on "Workshop: Understanding IP and IP strategy"

  1. Alan Hall says: February 9, 2012 at 16:06 ·

    I plan to register a functional design. I also plan to register a trademark that looks like the registered design. Will the trademark protect the production of the registered design when the registered design expires?
    Ta,
    Alan

  2. admin says: February 9, 2012 at 18:29 ·

    Alan, let’s take the Coke bottle as an example. This was initially protected by design, and when they could prove that the shape had become distinctive as a “stamp of origin”, Coke managed to secure trademark rights. But, applying first principles: trademarks are meant to protect a distinctive “stamp of origin”; whereas designs are meant to protect the shape, pattern, ornamentation and configuration of an article. The two should be mutually exclusive. Although there can be an element of overlap, it is best not to abuse trademarks in an attempt to extend the term of design protection. This is only possible in exceptional cases. I notice that you intend to register a functional design. In other words, you wish to protect features of shape that are dictated by their function (as compared to “eye-appeal”). I would be surprised if your “functional” features can mature into a distinctive “stamp of origin”. If not, do not file trademarks. And I suggest that you rather consider whether your design includes features of shape that “appeal to the eye”. If so, file an aesthetic design and extend your period of design protection from ten to fifteen years. Please call me tomorrow to discuss, as I cannot give a final opinion without considering the actual design features of your articles.

  3. Eric Molokela says: February 25, 2012 at 23:59 ·

    I’ve missed the workshop, i only learned about it on 25 feb midnight. I have filed an aesthetic design, now i’m thinking of filing a provisional patent on the same article since i believe my invention is novel. how possible is it? Can i file with different name from the one i used in design or must i use the same name to get protection on both design and patent?
    kindly
    Eric

  4. admin says: February 26, 2012 at 09:22 ·

    Hi Eric, you may still file a patent before your design is published by the Designs Office / publicly disclosed by you. But, before considering filing a patent, have you conducted a patent search to identify the “new” features of your invention? If not, I suggest that you do so. You can perform your own search using our search software available at http://www.ideanav.co.za. This is free. However, should you require us to perform the search, you can set the time we search and consequently the cost. But we generally suggest spending R3,500 on a search.

    Thereafter, you will most probably file a provisional patent application – you can use the same title as the one you used for the design. We could meet to discuss your invention and the scope of protect a patent can afford. This could also be done via Skype / the phone. We will prepare a draft specification and drawings and discuss this with you before filing. Our charge for preparing and filing a provisional patent is R4,950 excluding VAT and the process typically takes 2 weeks.

    Please let me know if you would like to discuss this further – I suggest over the phone for now.

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