For starting small businesses and entrepreneurs, the proper understanding of what needs protection in their companies and how to protect it can seem daunting and overwhelming, and most owners tend to forget that their intellectual property also needs sufficient protection.

Intellectual property refers to entities such as your business name, logo, slogan, websites, blogs, brochures and advertising, and perhaps most importantly, any exclusive rights to original works, which can include, industrial designs, codes, patents, formulas and trade secrets. 

In this article, we explore three factors which are designed to protect the intellectual property of your business.

Copyright. 

In a nutshell, copyright can is broadly defined as the exclusive right to control the use of a work in all aspects in which it could be exploited for personal gain or profit. 

What does copyright protect? 

• Literary works, such as novels, poems, scripts, textbooks, letter and lectures.

• Musical works, such as songs, tracks and musical compositions. 

• Artistic works, such as paintings, sculpture, architectural works and craftmanship.

• Sound recordings, such as CDs, vinyl, cassettes and MP3s and WAV files.

• Cinematograph films, such as DVDs, BluRays, videos and movies.

• Sound and television broadcasts.

• Programme-carrying signals.

• Published editions such as the layouts of newspapers, magazines and brochures.

• Computer programs, i.e. software.

How does copyright differ from patents and trademarks? 

Copyright protects all the above-mentioned type of works, which has to take a physical form, i.e. not a concept or idea. Patents protect inventions, i.e. apparatus and method, which are new and innovative. These have to conform to the requirements as per the Patents Act. Typically, a patent protects any technical factors of an apparatus or method.

Trademarks protect marks, for example, business names, logos and slogans, which are utilised to identify the products and services of businesses.

As opposed to patents, designs and trademarks, it’s not necessary to go through a formal registration to secure copyright as it is deemed automatically.

What kinds of innovations and ideas can be copyrighted or trademarked?

You can’t copyright or trademark ideas and innovations. Inventions can only be protected if it qualifies as a patent in accordance with the Patent Act and then is registered as a patent. 

Consequences of failing to protect an idea or invention.

Perhaps someone duplicates a work that you’ve created; you’re eligible to sue them for copyright infringement. If you’ve filed a patent for an invention, you need to recruit legal assistance to enforce your rights. 

Can Mobile Apps Be Patented? 

Currently, the South African Patents Act excludes computer programs and software “as such” from the definitions of “inventions”. Something has to fall within the realm of an “invention” in order to be patented. That being said, to date, there hasn’t been any litigation to test this principle in accordance with the Patents Act. 

It is possible to obtain a patent if the relevant technology has a technical effect, can solve technical programs or make a technical contribution in a way that is not obvious and novel, only then can it go beyond just a computer program “as such”.

Do apps qualify for copyright protection? 

They do, one of the aspects of a computer program (as defined in the Copyright Act), i.e. the software code by via which the functionality of the app is technically carried out (commonly it’s source code), and also as artistic and/or literary works where the look and feel of the app are concerned. 

Ensure that you have proof that you or your employees were in control during the development of the source code. Alternatively, if you recruited a service provider to develop it for you, your contract has to provide correct assignment of the copyright to you. 

How to trademark your app.

The brand, name, logo or strap-line under which the technology is marketed and sold (e.g. Microsoft, the Apple logo) can be protected as a trademark. 

Does copyright stand in other nations?

Copyright does stand in nations as per the Berne Convention, the copyright for a work developed in South Africa is valid in all member countries within the Berne Convention, and this is most countries of the world.

Can I get a copyright for my website?

Specific elements of a website are automatically subject to copyright, including text, pictures, and videos.

Can I copyright my product or unique business name? 

We recommend registering any of your business names as trademarks with the Companies ad Intellectual Property Commission and ensure that when you share business ideas with third parties, that you have written non-disclosure agreement (NDA) in place. 

How to register your copyright?

It’s not required to register for a copyright. You’ll automatically obtain copyright when you create a copyrighted work. We do advise marking your copyrighted work with a copyright symbol (©) along with the owner of the copyright and the year in which it was created.