Unlocking the power of intellectual property for business success
FUNGAI CHIMWAMUROMBE AND JULITA MUSHATI
Intellectual property (IP) is a vital yet often underutilized asset that can significantly impact a business’ success.
Knowing how to protect and leverage innovations is essential for maximizing their value.
Human intellectual innovations are among the world’s greatest assets, offering solutions to significant challenges and driving economic development.
This reality underscores the crucial need for understanding the various types of IP rights (IPRs) and the role of IP laws in fostering innovation.
Knowing which form of protection to pursue ensures your hard work remains secure and valuable.
While IP law is broad, this article will clarify the major IPRs: copyrights, trademarks, trade secrets, and patents explaining what each protects and the laws governing them in Zimbabwe.
- COPYRIGHT
Copyright safeguards original works of authorship expressed in material form, covering everything from books and articles to songs, photographs, sculptures, sound recordings, films, and software. This protection arises automatically upon creation and registration is not necessary to secure these rights, although registration provides stronger evidence in legal disputes. In Zimbabwe, the Copyright and Neighbouring Rights Act [Chapter 26:05] governs this protection. It is crucial to understand that copyright does not protect ideas themselves but the unique way they are expressed. For instance, a storyline concept is not protected, but the written words on a page are. Similarly, a songwriter’s tune is shielded the moment it is recorded; preserving their creative legacy and ensuring, they reap the rewards of their work.
Through copyright, creativity thrives, and innovators can confidently share their work with the world, knowing the law stands ready to defend their intellectual endeavours.
- TRADEMARKS AND TRADE SECRETS
While trademarks and trade secrets are complementary, they serve different purposes:
Trademarks protect brand identity, which include logos, brand names, symbols, and slogans that distinguish one business’s goods or services from another’s. Governed by the Trade Marks Act [Chapter 26:04], trademarks must be registered with the Zimbabwe Intellectual Property Office (ZIPO) and once registered, the trademark owner has exclusive rights to use the mark, renewable every 10 years. An example is the Coca-Cola logo or Nike’s “Just Do It” slogan are trademarks.
On the other hand, Trade Secrets involve confidential information that provides businesses a competitive advantage. This includes processes, formulas, designs, or business strategies. Trade secrets remain protected as long as they are kept confidential and continue to provide a business advantage. In Zimbabwe, they are protected under common law principles of breach of confidence and reinforced through contractual agreements like non-disclosure agreements (NDAs). Unlike trademarks, they do not require registration but rely on strong internal policies and legal agreements. The key difference is that trademarks are public identifiers, while trade secrets rely on confidentiality. A great example would be the KFC, or Coca-Cola recipe and/or a proprietary software algorithm.
- PATENTS
Patents protect inventions specifically, new and useful processes, machines, compositions of matter, and improvements to existing inventions. Patents incentivize innovation by granting inventors exclusive rights to their inventions in exchange for public disclosure. In Zimbabwe, patents are governed by the Patents Act [Chapter 26:03] and must be registered with ZIPO. Once granted, a patent provides protection for 20 years, after which the invention enters the public domain. Great example of what can be patented is a new type of solar panel or a pharmaceutical drug.
CONCLUSION
Understanding the distinctions between copyrights, trademarks, trade secrets, and patents is essential for businesses and creators as each type of IP protection serves a unique purpose:
- Copyrights safeguard creative expressions.
- Trademarks protect brand identity and consumer trust.
- Trade secrets secure confidential, strategic information.
- Patents promote innovation by protecting technological advancements.
Choosing the correct form of IP protection ensures your innovations remain secure and your competitive edge intact. By leveraging these tools effectively, businesses in Zimbabwe can protect their assets, foster innovation, and thrive in a competitive market.
Fungai Chimwamurombe is a registered legal practitioner and Senior Partner at Zenas Legal Practice and can be contacted at fungai@ zenaslegalpractice.com
Julita Mushati is a legal intern at Zenas Consulting (Pvt) Limited and can be contacted for feedback on julita@zenaslegalpractice.com.
