Intellectual property(IP) |
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| Introduction |
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| i. |
Reward and compensate creative individuals. |
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| ii. |
Qualified monopoly to enable creative individuals to
gather "commercial fruits" accruing by reason of their
talent/labours. |
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| iii. |
Benefit society by encouraging creative individuals to
develop additional intellectual products which ultimately
encourage future progress and development |
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| iv. |
IP is an important business asset: |
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Commercial exploitation of which underpins and
compliments successful and aggressive marketing and
brand awareness campaigns; |
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Culminating in achieving a competitive advantage
in the marketplace. |
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| v. |
IP is multi-faceted, of underrated strategic value and,
if properly exploited, serves as a mechanism to: |
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Successfully launch new products/services in
unchartered territories; |
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Examine merger opportunities; |
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Block/frustrate competitors; |
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Financing or investment (once valued). |
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| What is a trade mark and how does it function? |
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| i. |
A brand? |
| ii. |
A badge of origin? |
| iii. |
A badge of quality? |
| iv. |
An advertising device? |
| v. |
Capability of distinguishing? |
Inherently capable |
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or |
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By reason of prior use |
| vi. |
"New Act" - Trade Marks Act No 1993
of 1993 : |
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A 'mark' is defined broadly in the
Act as any sign capable of being represented
graphically, including a device, name, signature,
word, letter, numeral, shape, configuration,
pattern, ornamentation, colour or container for
goods or any combination of the aforesaid - (not
exhaustive). |
| v. |
Options to consider for gaining
maximum benefit/competitive advantage in the
marketplace: |
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| a. |
Colours or combinations:
thereof |
BOXER gold;
Europe - BP green for petrol services ;
UK - CADBURY purple for chocolate;
UK - BARCLAYS turquoise for banking
services. |
| b. |
Slogans/straplines : |
IT'S FINGER LICKIN' GOOD;
SIMPLER, BETTER, FASTER;
CONNECTING PEOPLE;
THE WORLD'S FAVORITE AIRLINE. |
| c. |
Acronyms : |
KFC;
SAA;
IBM. |
| d. |
Celebrity Names, Photos,
Gestures and Signatures : |
Lennox Lewis;
Bobby Skinstad;
Mick Jagger;
David Beckham;
Pierre Cardin. |
| e. |
Sounds : |
MGM roaring lion;
Musical jingles. |
| f. |
Smells : |
Europe - smell of roses for
tyres;
Smell of bitter beers for darts;
Smell of fresh cut grass for tennis balls
under the mark SCENTER COURT. |
| g. |
Shapes : |
Perfume bottles;
Pen cap by BIC;
WEBER braai. |
| h. |
Packaging and "get-up" : |
Labels, logos or devices
e.g. NIKE tick. |
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| What is a patent? |
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| Any new invention which involves an
inventive step and which is capable of being used or applied
in trade or industry or agriculture. |
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