This document outlines an IP strategy presented by Cordelia Mashau. The vision is to be a world-class innovation agency that enables technological innovation to benefit South Africa's socio-economics. The mission is to deliver socio-economic value through technological innovation across the economy. The presentation discusses different types of intellectual property protection including patents, designs, trademarks, copyright, plant breeders' rights, and trade secrets. It provides advantages and disadvantages of each approach and things to consider when selecting an IP strategy, such as commercialization strategy and target markets.

1. Sub Title
Our Vision
A world class innovation agency that supports and enables
technological innovation to achieve socio-economic benefits for
South Africa.
Our Mission
To deliver socio-economic value through technological innovation
across the economy.
IP STRATEGY
Presented by: Cordelia Mashau

2.  Kind of product e.g. apparatus, process, formulation, mark,
shape of an article, sound recording, recipe or plant variety.
 Decide on the kind of protection suitable for the product
e.g. patent, design, trade mark, copyright, PBR or trade
secrets.
 Commercialization strategy:
− target market.
− commercialization vehicle.
 IP Strategy must align with commercialization strategy.
Things to consider

3. Design
 Often shape, colour, pattern and ornamentation are the most
recognisable features and therefore convey commercial
advantage.
 May back up a patent or stand alone if competitive advantage
lies in the looks of the product.

4. Trade marks
 Companies come to rely on their names or names of products
to sustain commercial endeavors.
 People like to rely on a trusted brand.
 Trade mark rights can survive after other forms of IP rights
have expired giving the proprietor a competitive advantage.

5. Copyright
 Inexpensive.
 Only way to protect computer programs in South Africa.
 Berne convention protects the work of the citizens of the
member country.

6. Protection with a patent
Advantages
 Statutory protection against third parties;
 20 years monopoly – limited competition in the market;
 Institute legal proceedings against the infringers;
 International patent applications
− International Search Report (ISR)
− International Preliminary Report on Patentability (IPRP)
− Informed decision on whether or not to proceed with the
patent protection

7. Protection with a patent cont…
Disadvantages
 The invention is disclosed to the public. There may be risk of
reverse engineering.
 Protection is limited to 20 years thereafter the invention becomes
available to anybody to use.
 Expensive (patent prosecution costs and maintenance fees).
 No examination in the South African patent system. Do your
homework before deciding that a patent is the best option.

8. Trade secrets
Advantages
 Cheap – there are no costs of protection.
 Protection is by way of strong Non-Disclosure Agreements
(NDA).
 Life time protection unless the trade secret or confidential
information is leaked to third parties.

9. Trade Secrets cont…
Disadvantages
 No statutory protection.
 You cannot sue third parties for using your product. You can
only go after a person who leaked the confidential information
on grounds of breach of contract.
 There is a risk of leakage of confidential information.

10. Trade Secrets cont…
 Mitigating the risk of confidential information leakage:
− Add strong confidentiality clauses in the employment
contracts.
− Limit the number of people who have access to the
confidential information.
− Limit the access to people who have interest in the business
if possible.
 It is easy to manage if the trade secret is based on a product
than a method e.g. it is easy to manage if the trade secret is
based on a spice than when it is based on the recipe.

11. Target market
 Decide on the countries where the product is going to be
commercialized and apply for protection in each country.
 If your target market is SA only you will apply for a patent
protection as follows:

12. Target market
EPD (0 months) 12 months
prosecute through to grant
Prov Appl Complete application
 Improve on your invention
 Decide whether or not to proceed
 Abandon application

13. Target market
PCT (International patent application)
EPD (0 months) 12 months 30 months
ZA
CN
USA
CA
Prov Appl PCT Publication National
ISR Phase
IPRP

14. Commercialisation vehicle
 Commercialise in-house – a trade secret may suffice for this
model
 License – a patent may work better than a trade secret. There
is third party involvement and the management of the trade
secret or confidential information may be compromised.
 Sell/assign – the IP rights are transferred to the assignee or
the purchaser. The risk is passed to a third party.

15. Freedom To Operate (FTO)
 Make sure you have FTO when you enter the market.
 An FTO analysis is used to determine whether using or
commercialising a product can be done without infringing a
valid IP right of others
 IP rights are territorial – one would only infringe in countries
where there is an IP protection for the particular product

16. Thank you!!!