The Hottest Trends of Intellectual Property in 2023

Intellectual property (IP) is a crucial component of modern business, and it is rapidly evolving to meet the needs of an ever-changing digital landscape. As we move into 2023, we can expect to see a range of new trends that will significantly impact the management and protection of IP assets. As the IP landscape continues to evolve, it is essential for businesses to stay up-to-date with the latest trends and technologies and adapt their IP strategies accordingly. I took time to envision how IP might evolve in 2023, and here are my top five hottest trends in no particular order.

The Rise of Digital Content

 The explosion of digital content is having a significant impact on the management and protection of IP assets. In 2023, we can expect to see a growing trend towards the use of digital content, which will drive the development of new IP laws and regulations. Companies that focus on digital content will need to prioritise the protection of their IP assets, including their copyrights, trademarks, and patents.

The Rise of Artificial Intelligence (AI)

AI is rapidly changing the way businesses operate, and this is having a significant impact on intellectual property. With the development of machine learning algorithms and natural language processing, AI is becoming increasingly sophisticated in generating, analysing, and managing intellectual property. In the next few years, we will likely see an increase in AI-powered IP management tools, which will streamline the IP registration process and improve the efficiency of IP enforcement.

The Importance of Global Collaboration

The global nature of modern business means that IP management and protection have become more complex than ever before. In 2023, we anticipate to see an increase in the importance of global collaboration, as companies seek to protect their IP assets across borders. Think of the development of the African Continental Free Trade Area (AfCFTA). This trend will drive the development of new international IP laws and treaties, which will make it easier for businesses to manage and protect their IP assets in different countries.

The Role of Sustainability

Sustainability is becoming an increasingly important factor in modern business, and this impacts the management and protection of IP assets. In 2023, there is a high chance of a growing trend towards sustainability-focused innovation, which will drive the creation of new IP assets. Companies that focus on sustainability are likely to prioritise developing and protecting their IP, as it will become an essential tool for differentiation and competitive advantage in the sustainable economy.

The Importance of IP Education and Training

In 2023, the importance of IP education and training is likely to increase as businesses seek to create a culture of innovation and protect their IP assets. IP education and training will become essential for businesses looking to develop the skills and knowledge necessary to manage their IP portfolios effectively. We can expect to see an increase in IP training programs, both in-house and outsourced, as organisations recognise the value of building a workforce that understands the importance of IP.

Therefore, the trends of intellectual property in 2023 are set to significantly impact business operations. Companies that prioritise the management and protection of their IP assets will be better positioned to compete in the global economy and leverage their IP assets for commercial gain.

 

The Importance of Effective Talent Management in Business Success

Talent management refers to the systematic approach that organizations take to attract, retain, and develop the most skilled and capable employees. This encompasses all aspects of an organization's relationship with its employees, from recruitment and selection to career development and succession planning.

The purpose of talent management is to ensure that an organization has the right talent, in the right place, at the right time to achieve its goals. By implementing a comprehensive talent management system, organizations can ensure that their employees are aligned with the company's strategy and mission and are equipped with the skills and knowledge necessary to succeed.

Effective talent management requires a clear strategy, a supportive culture, and strong processes and systems. This includes creating a diverse and inclusive workplace, providing opportunities for employee development and advancement, and conducting regular performance evaluations and feedback sessions.

Technology can play a role in talent management by automating certain processes, tracking employee performance, and facilitating communication and collaboration. However, it is essential to remember that technology should complement, not replace, the human element of talent management. 

In today's rapidly changing business environment, talent management is becoming increasingly important. Companies that invest in their employees and implement effective talent management practices are better equipped to attract and retain top talent, increase employee engagement and productivity, and achieve business success.

"Transactional vs Transformational Leadership: Which Style Reigns Supreme in Today's Business World?"

Leadership is a critical component of any organization's success. Kennedy Mabuku and other Leadership Scholars defined leadership as the ability of a leader to guide, inspire, and motivate their team members, which sets the foundation for achieving goals and driving progress. Two of the most prominent leadership styles are transactional and transformational leadership. While both styles have their advantages, research suggests that transformational leadership is the most effective approach in today's fast-paced and ever-changing world that is characterised by modern technologies.

In this article, I will explore the differences between transactional and transformational leadership and examine why transformational leadership is considered the superior approach. So, whether you're a business leader, a team member, or just someone interested in understanding the dynamics of leadership, read on to discover the key differences between these two leadership styles and how they can impact the success of your organization.

Leadership can be divided into two main styles: transactional and transformational. Transactional leadership is focused on maintaining the status quo and ensuring that established policies and procedures are followed. The leader sets clear goals and expectations for their team and rewards or punishes them based on their performance. This type of leadership is often seen in bureaucratic organizations, where the focus is on maintaining stability and efficiency.

Transformational leadership, on the other hand, is focused on inspiring and motivating team members to exceed their own expectations and reach their full potential. The leader acts as a role model, encouraging team members to be creative and innovative, and empowering them to make decisions and take ownership of their work. Transformational leaders often create a sense of shared vision and purpose among their team members, which can lead to increased motivation, commitment, and productivity.

While both transactional and transformational leadership styles have their advantages, studies and practices has suggested that transformational leadership is generally more effective. Transformational leaders are able to inspire and motivate their team members to achieve their full potential, which can lead to better performance, higher job satisfaction, and greater employee engagement. Additionally, transformational leaders tend to be more adaptable to change and better equipped to deal with the challenges of leading in a rapidly evolving business environment.

The key to success is for leaders to be able to identify when to use transactional and when to use transformational leadership approach. A balance of both styles can lead to a more effective outcome. As a leader, it's essential to be aware of your leadership style and to continuously strive to develop and improve your leadership skills. Remember, effective leadership is not a one-size-fits-all approach, it's the ability to adapt and be flexible in your leadership style. Which style are you?

 Onesmus K Joseph - MBA, MPHIL, ACIS, BAP, 

MPHIL Candidate - GIBS (SA)✋ 

Governance and Corporate Strategy Professional

josephonesmus@yahoo.com

"Unlocking the Potential of Your Organisation: How to Encourage Innovation and Creativity"

In today's fast-paced business environment, innovation and creativity are the lifeblood of success. Companies that can consistently think outside the box and develop new ideas and ways of doing things will have a distinct competitive edge. However, cultivating a culture of innovation and creativity in organizations can be a tall order. Here are some effective strategies for stirring up innovation and creativity among your employees.

 Encourage Idea Generation: One of the key ingredients for innovation and creativity is having a steady stream of ideas. Many companies hold regular brainstorming sessions where employees can pitch their ideas. Encourage employees to share their ideas, no matter how big or small, this can be done through regular brainstorming sessions, suggestion boxes, or other methods.

Foster a Culture of Experimentation: Companies that are not afraid to take risks and try new things are more likely to generate new ideas. Allow employees to experiment and try new things without fear of failure. This can lead to new discoveries and breakthroughs.

Provide Opportunities for Learning and Development: Investing in training and development programs can help employees develop new skills and perspectives. This can be through attending workshops, seminars, or online courses.

Promote Diversity and Inclusion: A melting pot of different backgrounds and experiences can lead to a broader range of ideas and perspectives. Promote diversity and inclusion within your company, it can lead to new ideas and perspectives.

Reward Creativity and Innovation: Recognizing and rewarding employees who come up with new and innovative ideas can be a powerful motivator. Reward creativity and innovation to encourage others to do the same.

Encourage Autonomy: Giving employees the freedom to make decisions and take ownership of their work can foster a sense of autonomy that can lead to more creativity and innovation. Encourage autonomy by providing employees with the freedom to make decisions and take ownership of their work.

Therefore, encouraging innovation and creativity in the workplace requires a combination of different strategies and a willingness to take the road less traveled. Hence by adopting the above strategies, organizations can cultivate a culture that fosters innovation and creativity among employees.

Onesmus K Joseph - MBA, MPHIL, ACIS, BAP, 

MPHIL Candidate - GIBS (SA)✋ 

Governance and Corporate Strategy Professional

josephonesmus@yahoo.com

"Music", the asset we treasure

Studies have shown that blood flows more easily when music is played, and I can't agree more. Music is sustenance to our souls; it has the ability to bring people together, regardless of the cultural barriers they may have. Music nurtures souls, and it gives one emotional response. To creators, music is a valuable asset; that is why it is vital to protect and conserve it. 

This article ponders on the importance of copyright in music

Intangible assets are part of the wider pack of Intellectual property, which refers broadly to the creations by a person's intellect or through a unique talent. They are given in forms of intellectual property rights that protect the interests of innovators and creators by confers ownership in forms of rights over their creations. It includes patents, trademarks, trade secrets, industrial design, and copyright. IP is often undervalued because the term itself covers a wide array of property, and it's often not tangible property, like land or equipment, but is instead created. In music, copyright is essential since it has a very major role to play for the artist to deduce value from their music.

Copyrights protect original literary, musical, dramatic, and creative works, both published and unpublished. The copyright contents are protected for the author's lifetime and then an additional fifty years after the author's death. It protects the expression of ideas. The ideas in work do not need to be original, but the form of expression must be an original creation by the creator. Copyright are negative rights that exclude another from:

• Create a new version of the work
• Reproduce the work in its whole or part,
• Perform the work in public
• Make copies available to the public by selling, renting, leasing, or lending them.

   Copyright protects the economic and moral rights of authors/owners. Economic rights allow right holders of copyright, such as authors of music, to derive financial reward from the use of their works by others. Moral rights allow authors and creators to take specific actions to preserve and protect their association with their work.

The author does not need to register the work with the Copyright Office to enjoy legal protection for these IP assets since copyright protection is automatic. However, registration is recommended since it provides a public record of the work and may be used as evidence in the event of a lawsuit.

Finally, understanding intellectual property is critical for artists and producers to guarantee that their work is protected. This allows musicians to benefit from their works, whether they are in their original form or adaptation. Getting into the legal elements of the music business may seem monotonous, but artists need to make informed decisions to avoid being taken advantage of.

By:

Onesmus K Joseph - MBA, ACIS, BAP, CFIP, PPL

MPHIL Candidate - KNUST (Ghana)✋ 

Governance Professional

josephonesmus@yahoo.com

 

 

 

Gaining the competitive edge: Patents versus trade secrets

The area of intellectual property encompasses patents, copyrights, trademarks, and trade secrets. Each of these methods for protecting intangible property rights comes with distinctive features and advantages.  With the rapid growth of technology, many businesses have come up with inventions aimed at giving them a competitive edge. With these inventions comes the risk of having commercially valuable information misappropriated by competitors. To counter this risk, businesses should deploy the avenues available in law in Namibia to protect their interests and enforce their rights.  

Should the company reveal its IP to the world and obtain a patent that will cover its IP for a limited period? Or should the business keep the IP secret forever and shield it by trade secret laws? Choosing the best avenue can pose a dilemma for businesses, which have to decide between patent and trade secrets as a means of protecting their IP.

This article explores the benefits of trade secret and patent as modes of protection and the factors to consider when deciding between

The main aim of intellectual Property rights laws is to promote new technologies, artistic expressions, and inventions while advancing economic growth. A patent is an exclusive right granted to an inventor for a new invention in exchange for disclosing the information to the public. It can either be rights to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem. The protection is for a limited period of 20 years as provided by the Paris convention and Namibia Industrial Property law.  Since, competitors have access to the products, manufacturing processes, or formula after a patent request is filed, it promotes healthy innovation competition and would result not only in economic significance but also results in technological advancements.

The monopoly for 20 years offers to exclude the others from making, using, selling the invention without the consent of the patent owners.  Any violation of the above would supervene in infringement of the protected inventions and would result in the costly litigations that might result in injunctions, royalties, and damages. Hence, firms would always take necessary legal steps like licensing, assignments before practicing the protected inventions. These will ensure the protection of the economic interests and growth of the innovator companies. Also, patent protection enables the innovator to gain larger market shares and control competition. Furthermore, patenting involves regulatory processes like filing and registration with stricter norms; they offer the highest protection to the inventions by stricter enforced under the law.

On the other hand, it is always not feasible to protect the company's intellectual assets through patents alone. Trade Secrets are of great value in these circumstances and offer to protect confidential information, which is classified as a secret having high commercial viability. Examples of trade secrets include secret recipes used in brewing beers, Coca-Cola products, and the well known KFC.

Since no registration or filing requirements are in place for trade secret protection, there are high risks associated with trade secrets, particularly when the secret is disclosed to a third party. Unauthorized copying and duplicate processes are the major impact factors that would also result in a severe economic impact on the actual owner of the trade secret. Therefore, a company has to take greater measures on its own to protect the confidential information and to maintain the secrecy to the fullest as possible.

Trade secrets offer a profitable option for protection since it does not have to fulfill governmental regulations like applications or registrations. Further, they also offer the companies many advantages like perpetual monopoly until the secret is revealed to a third party. However, they are considered to be the weakest of the IPR protections since it may lose its protection when there is a failure in the face of the company to take reasonable measures to maintain the secrecy.

At the end of the day, both patent and trade secret protection are viable options for proprietors who wish to protect commercially valuable information. Before choosing which means of protection to employ, it is important to weigh the risks and benefits of each method with due regard to the nature of the invention or information, the available resources, the business model, and other surrounding circumstances. Where the inventor desires complete exclusivity over the invention for an extended period, protection through trade secrets may be more attractive. On the other hand, where the inventor requires safety and tangible proprietary rights, patents are probably more viable.

Onesmus K Joseph - MBA, ACIS, BAP, CFIP, PPL, Cand/MPHIL IP Law 

Governance Professional

josephonesmus@yahoo.com

Passing-off: The Issue Of Political Party Color Marks

In the current fourth industrial revolution, the power of intellectual property (IP) can no longer be ignored; be it in business activities and even in the most disregarded political settings. IP refers to creations of the mind: inventions; literary and artistic works; and symbols, names, and images used in commerce. The same may be protected as patent, utility model, copyright, industrial design, trademark, and confidential know-how. Principally, a trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.

In recent times the international political arena has been fraught with alleged intellectual property violations. Eminem successfully sued the New Zealand National Party for infringing the copyright in his hit track "Lose Yourself"; US president, Donald Trump, upset Queen fans by using their renowned hit "We Are the Champions" for campaign and also his wife, Melania, was accused of blatantly plagiarising parts of one of Michelle Obama's speeches. Now it seems to be Namibia's turn.

Those following political news in Namibia will be all too familiar with a recent news where Popular Democratic Movement (PDM) secretary-general Manuel Ngaringombe accused the Independent Patriots for Change (IPC) of trying to confuse voters by copying his party's colors. IPC has over the past few weeks using the blue color on its posters to announce its candidates for the forthcoming regional council and local authority elections scheduled for November 2020. See the respective logo and poster below.

From an intellectual property (particularly trademark) law perspective, this matter is very is an interesting one and most important to know if any of the parties hold intellectual property rights in the logos or creation as per the provision of the industrial property Act. 

The question of ownership of intellectual property rights in colors is a contentious one as it is extremely difficult for someone to claim exclusive rights in a single color. A good example to relates to is a Red Bull trademark which is constituted of the color combination of blue and silver in respect of energy drinks. The trademark was invalidated, the court held that the descriptions of the marks 'allowed for the arrangements of those colors in numerous different combinations', and therefore the marks did not 'constitute a systematic arrangement associating the colors in a predetermined and uniform way'. Hence when applying for a trademark for a color or a combination of colors, it is vital to ensure that any descriptions for the mark are clear and precise and that any color combinations are arranged in a 'predetermined and uniform way'.

Generally, when applying for trademark protection, it is better to not claim any particular color as part of the mark, unless it is essential to, or is the distinguishing element of, the mark. Trademarks that are not limited to any one color provide the broadest level of protection, as the owner will then have the right to use the mark in any color. By including color as an element of a trademark, the owner is limiting its right to use the mark to that specific color, which will also make it more difficult to prevent competitors from using the mark in other colors.

It is also necessary to bear in mind that one of the founding principles of trademark laws the world over is that in order to qualify for protection, a trademark must be capable of performing the basic function of distinguishing the goods or services of one person from those of competitors. Against this background it is easy to see why monopolizing a single color is difficult. But the situation with combinations of colors is slightly different as it is easier to claim rights in combinations of colors and even more so when the colors are part of a logo with other distinctive features.

It is not yet decided by the competent authority if there are similarities between the PDM logo and the IPC posters. As with all trademark infringement and passing-off assessments, though, the two logos will need to be compared holistically to determine whether there exists a real likelihood of confusion amongst members of the voting public.

This event is a reminder of difficulties in obtaining valid trademark protection for a color, even when a trader has used it extensively and acquired a reputation associated with it. Also, it should prompt organizations and individuals to normalize the protection of their inventions and creations with the registrar of intellectual property in the country.

As for this matter; What will transpire, however, remains to be seen.

This article should not be construed as legal advice or legal opinion on any specific facts or circumstances. The content is intended for general informational purposes only.

By:

Onesmus K Joseph - MBA, ACIS, BAP, CFIP, PPL, Cand/MPHIL  IP Law 

Governance Professional

josephonesmus@yahoo.com