HOW DO YOU PROTECT YOUR BUSINESS IDEA?
Ways to protect your Business idea in South Africa
1. Make Sure You Register Your Business
Registering your business would make it eligible to be
recognized as a corporate entity with its own assets. It would also give you
access to all the necessary licenses that you need to make
2. Trademark your idea
Trademarking involves developing a unique phrase, logo,
word, design, symbol, or image for your business or product. If anyone decides
to use these elements, then you can take legal action against them.
Trademarking your product designs, images and logos can keep people from using
them without authorization. To trademark your product in South Africa, Talk to
us today
3. Copyright Your Work
You can protect your creative work by registering it as a
copyright. Copyright helps to protect your intellectual property and ideas from
unauthorized copying, and prescribes the steps that must be taken should anyone
decide to copy your work.
4. Apply for a Patent
You can also apply for a patent for your product or business
idea through Maltech-Africa. When you apply for a patent, we check to ensure
that the product idea hasn’t been patented by someone else in South Africa or
in other countries in the past, then the department will issue you with a
patent certification that shows that you now have exclusive rights to the
product/idea, and no one else can use them without your permission.
You can register your patent in South Africa, It costs
between R7,000 and R15,000 to file a patent in South Africa and afterwards, you
also have to pay an annual maintenance fee of about R200.(TCs Apply)
5. Sign a Non-Disclosure Agreement
When pitching your business ideas to potential investors,
you should have them sign a non-disclosure or confidentiality agreement. This
document is legally binding and prevents any of the investors from using your
ideas without your permission. A non-disclosure confidentiality agreement
allows you to take legal action against investors who may go against this
agreement.
6. Mark Documents with Appropriate Notices
You can opt for a simple business protection approach like
marking your business plans and other related documents with the word
‘Confidential’ or ‘Proprietary’. This serves as a legal warning to readers that
the contents of the document are not to be copied or disclosed to third
parties.
7. Protect Your Computers
You also have to protect your computers, email accounts, and
social media accounts from unauthorized access by hackers. Hackers can easily
break into your accounts to steal important information about your business or
product ideas for themselves.
8. Sign Non-Compete Agreements
If you need to hire someone during the process of developing
your business idea, for instance, if you need to hire someone to develop a
product prototype for you, you should have them sign a non-compete agreement.
This agreement prevents them from setting up a business similar to yours or
using your business ideas in any way. You can take legal action against them if
they go against this agreement.
9. Work-for-Hire Agreements
You should also have the people you hire to develop your
product sign work-for-hire agreements to show that you only hired them to work
for you and that they are not responsible for developing or formulating any of the
ideas. This can help to protect your business in the future when it becomes
successful and someone comes up to say that they were involved in developing
the business or product idea.
10. Hire a Lawyer
Nothing beats professional legal advice when trying to
protect your business idea from intellectual property or idea theft. A lawyer
would be able to prescribe some adequate measures to take in order to protect
your business.
Sometimes, when people know that you have a lawyer at your
beck and call, they simply avoid messing with you in order to avoid legal
battles and consequences, so always throw in some subtle hint about the fact
that you have a lawyer at your beck and call during pitches and business
meetings to keep intending business idea or intellectual property thieves from
going through with the plans because they know that there would be legal
consequences.
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