Intellectual property (IP) experts have warned that many aspiring entrepreneurs risk losing their competitive advantage because they do not understand how to protect their ideas before presenting them to funders or partners.
Speaking on the sidelines of the copyright awareness and media engagement workshop for media practitioners and journalists at Sibane Sami Hotel in Ezulwini yesterday, Director of the Eswatini Copyright and Neighbouring Rights Society (ESWACOS), Melusi Hlanze, said entrepreneurs should first understand which form of IP protection applies to their innovation.
“Copyrights do not protect the idea but protect the expression of it,” said Hlanze. He explained that copyright protection applies once something has been created and expressed in a tangible form.
This could include written material, designs, manuals or other original works. However, a business idea that exists only as a concept does not qualify for copyright protection.
“Have you created the thing or you are just going to be telling people about something abstract,” he said.
Hlanze said entrepreneurs with innovations or inventions should consider other forms of protection available under intellectual property law. Depending on the nature of the innovation, protection may be obtained through patents, trademarks or other IP mechanisms.
A patent protects an invention by giving the creator rights over a new product, process or technology, while a trademark protects business identifiers such as names, symbols and branding that distinguish one business from another.
“The Eswatini Intellectual Property (IP) office can assist with giving the business idea owner that protection. For example, if you want to go and present or pitch it somewhere, especially if it is an innovation or an invention, that needs to be protected,” said Hlanze.
Meanwhile, Registrar of Intellectual Property (IP) in the Copyright Office in the Ministry of Commerce, Industry and Trade, Dr Celucolo Dludlu, highlighted the role of trade secrets in protecting valuable business information.
He explained that some aspects of an innovation may not be suitable for registration but can still be protected by keeping them confidential. He gave an example of an entrepreneur who has developed a written manual relating to a business idea.
“The manual itself is subject to copyright protection, but the idea is not protected by copyright,” he said.
Dludlu advised entrepreneurs to be strategic when presenting their ideas to potential funding entities by sharing enough information to attract interest while withholding the elements that give the business its unique advantage.
“Exclude the X-factor from your presentations. Withhold it. It is still possible to make a winning presentation without disclosing exactly what is your trade secret,” said Dludlu.
Trade secrets refer to confidential business information that provides a competitive advantage, such as a unique process, method or business approach. While trade secrets do not need to be registered with the IP office, owners must take reasonable steps to show that the information is confidential.
Dludlu said many innovators, due to limited knowledge about IP protection, often disclose the full details of their ideas when seeking funding. This can put their innovations at risk if the information is used by others.
He advised entrepreneurs to document meetings with potential funders and clearly indicate when information shared should be treated as confidential.
“There is no legislation specifically on trade secrets, but it is treated under common law in our courts which have set precedents on how such issues have been handled. The Copyright Act or Patent Act of 2018 legislations are in full effect in Eswatini,” said Dludlu.
He encouraged innovators and business owners to approach the IP office on the first floor of the Sokhamlilo Building in the capital city for guidance on protecting their ideas and innovations.
