Zimpapers Logo

Aleck Ncube
SMALL to medium enterprises (SMEs) must understand that there is Intellectual Property (IP) issues during new product development. The following are the most fundamental ones: can the innovation be legally protected and for how long? How does one protect an innovation from imitators? How much will it cost? When to protect? Do you need to rely on an IP expert? The answers are complicated by the fact that one or more types of legal frameworks may be used to protect a particular innovation, product, process, or creative work. These include trade secrets, trademarks, designs, patents, and copyright. It is necessary to know which are applicable and when each is appropriate. The advice of a lawyer that specialises in these matters is essential.

What is a patent?
A patent for an invention is the grant of an intellectual property right to the inventor, issued by the Zimbabwe Intellectual Property Office (ZIPO), to exclude others from making, using, or selling the invention throughout Zimbabwe without permission for a limited time in exchange for public disclosure of the invention. There are three types of patents: utility, design, and plant patents. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in Zimbabwe or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. Zimbabwe patent grants are effective only within Zimbabwe.

What is a trademark?
A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark” and “mark” are commonly used to refer to both trademarks and service marks. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark.

Trademarks, which are used in interstate or foreign commerce may be registered with ZIPO. The registration procedure for trademarks and general information concerning trademarks can be obtained at ZIPO.

What is a Copyright?
Copyright is a form of protection provided to the authors of original works of authorship including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The Copyright and Neighbouring Rights Act, Chapter 26:05 generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly. The copyright protects the form of expression rather than the subject matter of the writing.

For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description. It would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office at ZIPO.

The cycle of invention, where to begin
Any new and useful art, process, machine, manufacture or composition of matter, which is not obvious but provides a new way of doing something or offers a new technical solution to a particular field or area, is called an invention. In order to come up with an invention, it is important to first identify a problem, something that needs fixing, or pick something that would make a daily task easier to perform. After identifying the problem, there follows research to find out any existing solutions or inventions that might already exist to solve the problem you would have identified.

It is important to search everywhere — journals, libraries, the internet and also be sure to use the patent databases available freely online to see what types of solutions exist. After doing your research, you may discover that you have come up with an invention that solves your particular problem, it is important to then illustrate how your invention differs from other solutions you found. Record your ideas on paper or make a sketch on the computer and go on to build a model or prototype of your invention. Test the model by using it so you can find out what works and what elements may need to be improved and in the process refine your invention by doing more tests until you have something that works well and the way you intended it to work in solving the problem you would have identified.

It is important to ask yourself: does my invention address the problem or need? If not, you may want to rethink the original problem you were set out to address or perhaps you have come up with a solution to a new or different problem (that can still have value and you can get patent protection for that).

The cycle of invention does not end here. Improving your invention may require you to begin the process again and may lead to additional inventions or improvements on your current design. You create an invention inspired by a societal need for improvement. After getting satisfaction about your invention, you apply for and receive a patent, excluding others from making and using it, in exchange for public disclosure on how your invention works. Someone else may be inspired by your invention, leading them to the creation of other inventions or improvements.

Competition is encouraged and you and other inventors are continuously inspired to think of new inventions that solve societal needs. It is important to understand that patents and the IP system encourage innovation, which assures that the quality of human life is continuously enhanced.

*Aleck Ncube is an intellectual property scholar based in Bulawayo. He can be contacted on +263712374408 Skype: Matintas1 Twitter: @aleckncube Alternative e-mail: [email protected]