By Sizakele Nduli
SMMEs in South Africa often overlook the value of intellectual property (IP), missing an important opportunity to protect and expand their ideas.
While many small businesses invest countless hours in developing their products or services, they neglect to secure the intellectual property that drives their success.
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By leveraging IP rights, SMMEs can differentiate themselves in the market and build a solid foundation for growth.
Femke Van Dyk, an attorney and partner at Adams & Adams law firm, told Vutivi News that small businesses face the risk of larger competitors launching similar products shortly after their own pre-launch, often due to the success of their online marketing.
As good news spreads quickly, this can lead to lost opportunities and market share.
“Many small businesses, however, only seek the advice of an IP attorney once the dust has settled and the bank account sees a steady cash flow. Unfortunately, this is often too late, and hard-earned money has to be spent on litigation,” Van Dyk said.
She stressed the importance of developing an IP strategy from the start of a business.
“Developing an IP strategy from the outset to protect and utilise your IP should be a priority, as this could be your most valuable asset,” she said.
She explained that IP was a broad term encompassing intangible assets created through human creativity, which gained value once they were turned into something tangible.
“Each of these types of IP protect a different feature of your business. You need to consider what makes your product or service different and what is the key element that will drive your customers to purchase your product or seek your services,” she said.
Van Dyk said that some of the most common forms of IP included trademarks, patents and copyrights.
Van Dyk explained that a patent protected a new invention that could be used in trade, industry or agriculture.
It must meet three requirements: novelty, an inventive step and practical application.
Securing a patent grants a business exclusive rights to its invention, safeguarding it from unauthorised use by competitors.
South African SMMEs appear to be underutilising this form of protection.
According to the World Intellectual Property Organization (WIPO), the country recorded 10,729 patent applications in a given year, yet only 3.8% (413) were from local businesses or individuals. This suggests that many small enterprises are leaving their innovations exposed to imitation and potentially losing out on valuable competitive advantages.
Copyright protects literary, musical and artistic works once they are put into material form.
Van Dyk pointed out that, unlike patents and trademarks, copyright did not require registration, yet it still provided essential protection for creative works, ensuring that original ideas were safeguarded from unauthorised use.
In response to the challenges faced by youth-owned SMMEs, such as limited awareness and education, financial constraints, market access and commercialisation, as well as enforcement difficulties, the Companies and Intellectual Property Commission (CIPC) recently launched the CIPC IP Youth Awards.
The initiative aims to recognise and celebrate young innovators, entrepreneurs, researchers and creatives who are leveraging IP to drive innovation and economic progress.
“The initiative aligns with South Africa’s broader objectives of fostering
entrepreneurship and economic inclusion, particularly among the youth. By highlighting success stories and rewarding excellence in IP utilisation, we aim to inspire greater awareness, encourage responsible IP management and ultimately facilitate the commercialisation of innovative ideas,” said CIPC commissioner Advocate Rory Voller.
In addition to the awards, the CIPC provides various services such as capacity-building workshops, incubation and mentorship programmes and awareness campaigns designed to help young innovators understand and secure their intellectual property rights.
“Intellectual property is a critical enabler of innovation and economic growth. By securing IP rights, South African youth can transform creative and technological advancements into sustainable businesses, attracting investment, fostering job creation and positioning the country as a competitive player in the global knowledge economy.
“Furthermore, IP protection encourages a culture of research and development, ultimately
driving technological progress across key industries,” added Voller.
