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We are often approached by clients with a request to
help them protect their "ideas". After some
consultation, it usually turns out that there may be one
or more forms of intellectual property relating to the
idea which may be protected.
Generally, it is very difficult to protect an idea per
se. The best approach is to reduce the idea or concept
to material form. In this regard, we recommend that you
at least write down or type up the idea and/or make
drawings or flow-charts to represent the concept. We
suggest that you mark all such materials with your name,
the date and the international copyright symbol, namely
©
If the concept or idea is new, it is best to keep it
secret and if you do share it with anyone else, apart
from your attorney, to request that such person signs a
non-disclosure or confidentiality agreement or
undertaking.
It is important to identify the possible different forms
of intellectual property which may subsist in a new
object, business or idea. Once the different forms of
intellectual property have been identified, the next
step would be to consider means to protect the different
intellectual property aspects.
For example, if your idea relates to a new hair product,
a patent registration may be considered in respect of
the formula of the shampoo, a trade mark registration
may be considered for the name of the product, a design
registration may be considered for the shape of the
bottle and copyright protection may apply to the get-up
or packaging of the product.
Furthermore, if your idea relates to a new restaurant
business, to obtain adequate protection for your
intellectual property aspects, it may be necessary to
consider registration of the name of the business on the
Companies or Close Corporations Registers; to register
the name of the business and its products or services as
trade marks; and to register the name of the business
and its products or services as domain names to prevent
unauthorised use thereof by third parties on the
internet.
Need further advice or information?
Please note that the above comments are general remarks
and different elements and recommendations may relate to
different ideas or concepts in practice. If you require
recommendations on how to protect the intellectual
property aspects relating to your ideas, you are welcome
to contact us for advice on your specific circumstances.
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