INTELLECTUAL PROPERTY AND IP RIGHTS UNDER THE SPOTLIGHT

Intellectual property (IP), best described as “the creations of the mind” is a powerful business tool if used correctly within business. It is an invaluable business asset. “However, you must either own the IP or have permission to use it”, cautions Terry Booysen, CEO of CGF Research Framework (Pty) Ltd and strategic partners of the Proudly South African Campaign.

“These creations can be found, for example, within inventions, literary and artistic works, symbols, names, images and designs which are used in commerce”. They can generate great wealth for their legitimate “owners’”. However, “Criminals clearly understand the value attached to IP”, says Booysen. They often exploit IP because of the associated value.

International reports suggest that countries ranked with the highest IP violations include the US, South Korea, Italy, Spain, the UK, Germany, Slovenia, the UAE, Kuwait and China. South Africa is still relatively low in the rankings - rated 16th out of the 20 Top Countries when compared to those countries experiencing all forms of counterfeiting and pirate activities.

The DOIP Security Counterfeiting Intelligence Report cites the ten most popular counterfeit items to be financial instruments, entertainment and software, identification, clothing and accessories, food and alcohol, drugs and medical, industrial goods and supplies, jewellery and watches, cigarettes and tobacco products, electronic or computer equipment and supplies.

Reinhardt Buys, an internet law expert in South Africa, suggested that IP theft was becoming increasingly prevalent in South Africa, observing that "the problem in South Africa was not so much counterfeit software, music and DVDs, but rather the rapid increase in the use of peer-to-peer networks to download illegal content."

CGF's recent report, Intellectual Property and Intellectual Property Rights, which forms part of the body of knowledge on corporate governance developed by this Proudly South African Company, takes an in-depth look at IP issues, such as -

• What is Intellectual Property (IP)?
• IP & intellectual property rights;
• The importance of protecting IP;
• Forms of IP - patents, trademarks, registered designs and copyright;
• The IP protection grid.

The report enjoys the peer review of Mandy Gordon (Adams & Adams: Partner) and Reinhardt Buys (Deloitte: Senior Manager - Technology Law).

For more information or to order a copy of the report visit www.cgf.co.za or www.corporate-governance.co.za