Design trends

Design Rights

Description

Design rights are the exclusive rights associated with the physical appearance of an article, including decorative patterns, graphic symbols, the shape of products and their packaging. There are two types: Functional Design and Aesthetic Design.

For Example, the Maxhosa design pattern or the shape of the Coke bottle

Validity

Once granted, an aesthetic design has a term of duration of 15 years, and a functional design 10 years, provided the prescribed renewal fees are paid.

Adv. Phelane Phomane

Managing Partner
LLB. MA

Phelane Phomane is an accomplished lawyer and executive with over 20 years of experience in Africa and
beyond. Born in Germany, raised in Lesotho and based in South Africa, Adv. Phomane holds an LLB degree from
the National University of Lesotho and is an admitted Advocate of the High Court and Court of Appeal of the
Kingdom of Lesotho.

A fellow of the Mandela Washington, and University of Notre Dame Alumni, he holds a Master of Arts degree
Degree in Olympic Studies, Olympic Education, Organization and Management of Mega Events from the
University Of Peloponnese in Greece.

Beyond law, he has held diverse executive and advisory positions, including as former Group Chief Executive
Officer of the Mamoth Citrus Group, as Development Manager for the Lesotho Sport & Recreation Commission,
as advisor to various Members of Parliament and Ministers, as a former member of the Select Advisory Group
responsible for developing the Global Olympic Education Curriculum called OVEP

Trade secrets

Description

Rights to information that has either actual or potential independent economic value by virtue of not being generally known, that has value to others who cannot legitimately obtain the information, and reasonable steps having been taken by the rightful holder of the information to keep it secret.

For example, KFC ‘s secret recipe and Coca Cola formula.

Validity

A trade secret can be protected for an unlimited period of time, unless it is discovered or legally acquired by others or disclosed to the public.

Copyrights

Description

A copyright is an exclusive legal right to original works of authorship as soon as an author fixes the work in a tangible form of expression such as a book, film, artistic or a musical material.

For example, The Lion King musical’s theme song Mbube, composed by South African Simon Linda, a migrant worker, in 1939. It was reworked and its title changed to Wimoweh in 1951/52 by Pete Seege.

Validity

A copyright lasts the lifetime of an author and a minimum of 50 years after the author's death in most countries, and 70 years after the death of the author in the European Union and the United States.

Trademarks

Description

A trademark is a symbol, design or expression that identifies products or services used by an individual, organization or any legal entity, that distinguishes them from others.

For example, the Nike ‘swoosh’ symbol or even the MTN yellow colour.

Validity

Once a trademark registration is granted, it will remain valid indefinitely, so long as the owner continues to use and renew them every every 10 years.

Patents

Description

A patent is an exclusive right granted for an invention of a product or a process that provides a new way of doing something.

For example Covid vaccine.

Validity

A patent lasts twenty years from the date on which the application for the patent was filed. It is non-renewable.

Shane Moore

Head of Litigation
B.Proc. LLB in Intellectual Property

Shane is a specialist IP attorney, having practised at leading IP firms in Europe and South Africa, prior to founding
Moore Attorneys. Shane has over 20 years experience in IP and brand protection and has assisted the likes of
Coke, SAPPI, Avusa, Anglo, WPP Group, GlaxoSmithKline, etc in protection and enforcement in South Africa and
worldwide.

Thebe Ikalafeng

Head of Strategy
BSC. MBA. LLM in Intellectual Property

Thebe Ikalafeng is the pre-eminent global African authority in branding and the leading advocate for a brand-led African renaissance. Described by New African Magazine as the “the foremost branding and reputation authority in Africa” in recognizing him as one of the ‘100 Most Influential Africans’; one of the ‘100 Most Influential Creative People of African Descent’ by MIPAD on the occasion of the United Nations ‘International Year of the Creative Economy for Sustainable Development,’ and one of the ‘100 Most Reputable Africans’ “who continually improve lives in Africa and around the world” by Reputation Poll International, he has had a profound, sustained and distinguished contribution to branding in Africa and in shaping a positive narrative for the continent in a career that spans over 25 years building brands across Africa.

Ikalafeng’s meteoric and distinguished career which commenced in corporate in brand management at Colgate Palmolive in New York and culminated as chief marketing officer for Nike for Africa in 2002; through to the establishment of the award-winning Brand Leadership (est. 2002); Brand Africa (est. 2010), the non-profit initiative to drive a brand-led African renaissance, Africa Brand Leadership Academy (est. 2020), the post-graduate academy for developing Africa-focused brand leadership capability, and the establishment of Africa Intellectual Property Partners (est. 2023), the specialist brand-led intellectual property law practice, and his contribution to thought leadership and the industry have established him as an purpose-led authority on building sustainable brands in Africa.

A fellow of the Institute of Directors, he has served on listed and non-listed African and non-African boards in diverse industries for over 25 years. He has been to every continent in the world, over 115 countries from the North Pole in Greenland and to the South Pole in Antarctica, every country in Africa from Cape to Cairo, and summitting Mt. Kilimanjaro and Mt. Elbrus, the highest mountain in Africa and Europe. He has been quoted and referenced widely in practice, academia and in media, including by CNN, BBC, Sky, FT, CNBC Africa, African Business and New African. A Chartered Marketer (SA), he holds BSc. MBA and LLM (Intellectual Property Law) degrees

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Contact us to protect, manage and/or enforce your intellectual Property rights in Africa.