Protecting business information

What you need to know regarding copyright law, intellectual property and trademarks.

Vanessa Lawrance, an attorney at Hahn and Hahn, offers the following explanations regarding copyright law, intellectual property, trademarks, patents and designs rights.

1. Copyright law
Copyright is generally acquired in works of artistry, literature, music, etc. This was explained previously on the ins and out of copyright law.

2. Intellectual property
Intellectual property is an umbrella term used to describe various types of creations of the mind in respect of which a set of exclusive rights can be acquired. The most common types of intellectual property are copyright, trademarks, patents and designs.

3. Trademarks
Trademarks are names that distinguish the goods and services origination from one entity from similar goods and services originating from another source, eg two well-known trademarks registered in respect of cola drinks are Coca-Cola and Pepsi. The drinks offered under these trademarks are both cola drinks, but the flavour of Coca-Cola is different to that of Pepsi, and differentiating the products through use of the respective trademarks assist consumers in making their choice of drinks.

4. Patents
Patents are rights afforded to inventions that are new. Generally, these inventions have some sort of practical purpose. A patent grants the inventor the exclusive right in the invention for a period, after which the invention may be used by anyone in the marketplace. This allows inventors a period during which they have the exclusive right to benefit from their ingenuity, but thereafter the invention may be used to the benefit of all.

5. Design rights
Design rights are granted to the appearance of articles that may not be new, but have a striking appearance or the appearance of which has been improved to improve functionality. Articles in respect of which design rights may be registered include cellular telephones, furniture and sports shoes. Once again, design rights are of limited application.

What should businessmen keep in mind when dealing with the above laws?
According to Lawrance, the different types of intellectual property all have a value, which businesses often underestimate until it is too late. Patents and designs must be registered before the invention is made available in the public. “The rules about trademarks are more relaxed, but is it advisable to apply for the registration of a mark before launching it, otherwise someone else may grab the name. All too often, businesses balk at the cost of registering their rights, only to discover later what the costs are of not registering (which includes loss of business and loss of the ability to obtain protection). Once rights are registered, it is very important to keep an eye out for infringers in the marketplace, and to address infringing conduct as soon as possible. Failure to do so may result in such dilution of your rights that they eventually become worthless,” says Lawrance.