Harare (New Ziana) – Most small to medium enterprises in Africa fail to maximise on the value of intellectual property and innovation because they do not register their patents, an international intellectual property (IP) expert has said.
Rose Mboya from Kenya told a World Intellectual Property Organisation (WIPO) workshop on IP at the Harare Institute of Technology this week that most SMEs innovate, but do not realise the value of this, and do not bother to protect their IP rights.
In a presentation on minimizing risks associated with IP, Mboya said there is need for intellectual property audits and management which recognise that IP assets are business assets that must be accounted, managed and effectively exploited.
IP assets are either technologically or institutionally based, and include trade secrets, patent and utility models, plant varieties, industrial designs and software, while potential IP assets comprise improved equipment, unique package and new design, new plant variety, new process and new products and owners have to make a determination on commercialisation, ownership status, protection level, type of protection, value and enforcement, said Mboya.
Institutional based IP assets include company’s brand, product brand, trademarks, customers’ lists, distribution channels, quality marks, copyright and business method.
She said IP management tools include non-disclosure agreements (NDA) to ensure that before pitching or discussing one’s innovations with anyone, a NDA has been signed or application filed while having an institutional IP policy ensures the IP owner protection from their employees and guide on ownership. Another tool is to have distribution agreements that have IP components in them.
Benefits of IP audit and due diligence, Mboya said include a business strategy inclusive of IP, contracts developed with company’s interests, protection of IP assets through IPRS and knowledge of the IP asset value.
Addressing the same workshop, Lilian Nantume, a business and IP expert from Uganda said women entrepreneurs that had been mentored on the use of intellectual property for business competitiveness had recorded significant success.
“As a result of the trademark registration, women entrepreneurs in Uganda have been able to compete in big national markets like the Uganda Manufacturers Association (UMA) expo which brings together all the SMEs and manufacturers to promote and sell their products and services under one umbrella,” said Nantume. “Through this promotional expo, all SMEs get an opportunity to sell out their trademarks to the public for a market value. At the same time, having a trademark is another way of helping customers identify you by your brand name.”
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