3 SHOW NOTES

00:51 Thebe Ikalafeng is the founder of the Brand Leadership Group (a multi-disciplinary branding advisory group at the intersection of strategy, creativity and intellectual property law) and Brand Africa (a non-profit pan-African movement for a brand-led African agenda). He also pioneered the ‘Brand Africa 100: Africa’s Best Brands’ initiative, widely referenced as the definitive barometer of brands in Africa. Listen to him on AfricanOptimist episode 12.

00:58 Africa accounts for a small portion of the global trademarks, representing only 1.9% of the world’s 11.6 million trademark filings. In 2023, Asia led with 66.7%, followed by Europe with 17.2%, Latin America and the Caribbean with 7.1% and Northern America at 5.8%.  

02:05 Adams & Adams is 'Africa’s largest intellectual property law firm with an award-winning commercial, real estate and dispute resolution law practice. They are 'a gateway to African markets, with a network of over 200 legal professionals working in four major cities in South Africa and 23 associate offices across Africa.’

02:09 Intellectual property (IP) refers to creations of the mind, such as inventions, literary and artistic works, designs and symbols, names and images used in commerce. IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

02:46 The workshop was held on 12 June 2024, organised by Lawyers for Arts South Africa (LASA), and hosted by Bowmans with the support of Adams & Adams. (I am peaking out at the back right.)

05:35 The Coca-Cola trademark is a multifaceted legal protection for the company's brand elements. It includes the iconic Spencerian script logo, the distinctive bottle shape, and other visual and verbal trademarks. The company has been diligent in protecting its trademarks, engaging in legal battles to prevent infringement and maintain brand integrity.

06:26 The red on the soles of Christian Louboutin shoes were inspired by his assistant painting her fingernails red while he was reviewing prototypes in his Paris workshop.

06:38 In 1999, the first Community Mark for a smell was granted to Vennootschap onder Firma Senta Aromatic Marketing of Holland. It registered ‘the smell of cut grass’ for tennis balls (though the trademark seems to have expired). And for those interested in all things tennis, there is more IP in a game of tennis than first meets the eye.

07:38 Trade secrets are intellectual property (IP) rights on confidential information which may be sold or licensed. Trade secrets encompass both technical information, such as information concerning manufacturing processes, pharmaceutical test data, designs and drawings of computer programmes, and commercial information, such as distribution methods, list of suppliers and clients, and advertising strategies.

09:16 A patent is a form of intellectual property that grants an inventor exclusive rights to their invention, typically for a limited period, in exchange for publicly disclosing the invention. The patent holder has the right to exclude others from making, using, selling or importing the invention without permission. In essence, a patent provides legal protection for new and useful inventions, encouraging innovation and technological advancement. In South Africa, ‘individuals may file their own provisional patent applications. It is however, advisable for applicants to seek the assistance of the patent attorneys. If a provisional patent application is filed, the strength and scope of protection ultimately obtained will depend on the wording and content of the description of the invention.’  For an invention to be patentable, it must meet the following criteria: it must be novel (new and confidential), must have an inventive step and must be capable of being used or applied in trade, industry or agriculture.

09:58 The design of a product is often as important as the product itself. ‘Design registration is an area that is often underestimated and ignored by local designers. Registering a design obtains strong statutory protection for a period of up to 15 years. This protection grants exclusive rights for the designer to manufacture, import and/or use the design and prevents others from doing so. There are two types of design which can be registered in South African: aesthetic and functional designs.’

14:06 ‘Copyright is a property right to a work that has been created and exists in material form, such as a song or film. The principle of any kind of property is that the owner may use it as they wish, and that nobody else can lawfully use it without the owner’s authorisation. Copyright protection affords the copyright owner certain exclusive rights which enable the copyright owner to exploit the copyright work for financial gain and to stop unauthorised exploitation by third parties.’

19:17 Vetkoek is a traditional South African fried dough bread. It is similar to the Caribbean Johnny cake, the Dutch oliebol, and the Mexican sopaipillas. It is also known by the Xhosa and Zulu name igwinya. The word vetkoek literally means 'fat cake' in Afrikaans and has its roots deeply embedded in South African history. Try this vetkoek recipe!

19:24 Sandton is known as Africa’s wealthiest square mile, and is considered the financial centre of Johannesburg. The suburb of Sandton was established in 1969 when Sandton (a combination of the two suburbs Sandown and Bryanston) was promulgated as a municipality in its own right. However, it lost its status as an independent town after the re-organisation of South African local governments when Apartheid ended. It is the home to the largest stock exchange in Africa and is home to numerous corporate headquarters.

19:29 Cape Town is the legislative capital of South Africa. It is the country's oldest city and the seat of the Parliament of South Africa. It is often referred to as ‘The Mother City’ by locals and boasts some of the most stunning natural beauty to be found anywhere on the globe.

21:04 A title deed is a legal document that serves as proof of ownership for a property. It's the official record that confirms who owns the land or house and includes details like the property's description, owner's information and any restrictions. It's essential for buying, selling or transferring property and is kept by the Deeds Office, or by a financial institution until a mortgage or bond is fully paid off.

22:25 Adams and Adams is a law firm founded in Pretoria, South Africa, in 1908.

26:36 The CIPC, the Companies and Intellectual Property Commission, is an agency of the Department of Trade, Industry and Competition in South Africa.

29:26 The Nice Classification is an international system used to categorize goods and services for trademark registration purposes. It divides goods into 34 classes and services into 11 classes, totaling 45 classes. This system, established by the Nice Agreement, ensures consistency in trademark applications and helps streamline the registration process across different countries. 

37:02 The ‘first to file’ rule in trademark law means that the person or entity who files a trademark application first, regardless of whether they were using the mark before others, generally has priority in obtaining trademark rights. This contrasts with the ‘first to use’ system, where priority is based on who was first to actually use the mark in commerce.

In South Africa, first-to-use is generally superior to first-to-file; however, it is easier for owners to enforce registered trademarks than their common law equivalent, as trademark registration is prima facie proof of national ownership and validity. Ownership of a trademark is established on a first-to-use basis. Registration is not mandatory to establish rights. Owners of unregistered trademarks may rely on common law rights, acquired through use, to challenge later applications for registration.

38:30 OAPI is the Organisation Africaine de la Propriété Intellectuelle, a union of 17 predominantly French-speaking countries which was formed when the former Libreville Accord (concluded in 1962 by 12 countries) was revised in Bangui in 1977 and the Bangui Agreement was concluded. The Accords of Libreville and Bangui established common intellectual property laws and a single Intellectual Property Office, situated at Yaoundé, Cameroon, to have effect in all member countries. View map of IP requirements across Africa.

38:42 A Community Trademark, now known as a European Union trademark (EUTM), is a single trademark registration that provides protection across all 27 member states of the European Union. It's a way to secure trademark rights throughout the EU with a single application, rather than needing to register in each country individually. 

39:53 WIPO stands for the World Intellectual Property Organization. It is a specialized agency of the United Nations that works to promote the protection of intellectual property (IP) rights worldwide. WIPO fosters international cooperation on IP matters, provides services to creators and innovators, and acts as a forum for addressing cutting-edge IP issues. 

The Madrid Protocol is an international treaty that streamlines the process of registering trademarks in multiple countries. It allows trademark owners to file a single application, in one language, and pay a single set of fees to potentially cover over 100 member countries. This system, administered by WIPO, aims to simplify and reduce the cost of international trademark registration.

44:55 Thebe Magugu featured Lita Miti-Qamata in his ‘Heritage Dresses’ campaign, which celebrates South African cultures through a "Mother & Child" motif. The campaign, specifically the Vatsonga Heritage Dress, portrays women as totem poles carrying objects on their heads, inspired by Magugu's own family and African women. Lita Miti-Qamata was one of the muses chosen by Magugu for this campaign, alongside other notable women in various fields.

45:08 Thebe Magugu is a young fashion designer based in Johannesburg, South Africa. Originally from the small town of Kimberley, he moved to Johannesburg to study fashion design, fashion photography and fashion media from LISOF. After winning best graduate collection, he interned and worked for a selection of designers fashion institutions and retailers. After two years, he began his namesake label, THEBE MAGUGU - a South African fashion brand primarily operating within the field of women’s ready to wear.

45:31 Thebe Magugu won the LVMH prize in 2019.

47:14 Lindiwe Mazibuko was born in Eswatini and grew up in KwaZulu-Natal. She was the Democratic Alliance party's first black parliamentary leader and South Africa's first black Leader of the Opposition. In 2014 she resigned from active politics to return to higher education.

Nadia Nakai is a Zimbabwean-South African rapper who burst onto the music scene in the early 2000s. She appeared on South Africa’s e.tv’s hip-hop show, Shiz Niz, and became the first female rapper to win the show’s Mixtape 101 competition. 

Sithembile Xola Pearl Thusi is a renowned South African actress, model, television host, and radio personality. She gained international recognition for her role as Dayana Mampasi in the ABC thriller series Quantico and starred as the lead in Netflix's first African original series, Queen Sono. Thusi's acting credits also include The No. 1 Ladies' Detective Agency, Tremors 5: Bloodlines, Catching Feelings, Kalushi, and Fistful of Vengeance. In 2020, she became the first African collaborator with international cosmetics giant MAC, releasing two limited-edition makeup kits. She also co-owns the Black Pearl haircare line with Afrobotanics and holds ownership in Black Rose Gin. To date she has 4.9 million followers on Instagram.

Zandile Tshabalala is a Soweto born fine art painter who graduated with a BA(FINA) degree at the University of the Witwatersrand in 2022. In her work, she uses acrylic to depict narratives around the inclusion of black women within the art canon and was primarily influenced by the lack of or displacement of black women within nineteenth century Western art. Her works have been seen in exhibitions in South Africa, Ghana, Nigeria, Great Britain, Germany and the United States.

47:56 Africa Fashion International is a Marketing, Retail and Development Platform for African Luxury Fashion. It was founded in 2007 by Dr Precious Moloi-Motsepe, a long-standing member of the Harvard Kennedy School and the World Economic Forum, with the aim of promoting refined African fashion brands on the global stage.  

51:14 Ndebele designs are vibrant, geometric patterns traditionally painted on the exterior walls of homes by Ndebele women in South Africa. These designs, characterized by bold colors and black outlines, are more than just decoration; they are a form of cultural expression, carrying symbolic meanings related to Ndebele life, including marriage, coming of age, and status.

51:53 The actual phrase cultural appropriation first appeared in print in 1945 and is attributed to the late professor Arthur E. Christy. And it's been a topic of very heated debate ever since.

52:32 In Zulu, ‘Bayede' is a royal salute, meaning ‘Hail the King!’ or ‘All hail the King!’. It's a term of respect and honour specifically used when addressing the Zulu monarch. The term is also used to honour other prominent individuals or high officials. 

Bayede is also the brand name of a South African wine founded by Antoinette Vermooten and launched in 2009.

54:04 What’s a ‘Covfefe’? Trump Tweet Unites a Bewildered Nation

55:21 A bunny chow is a South African street food consisting of a hollowed-out loaf of bread filled with flavorful curry. It typically features Durban-style curry, which can be made with lamb, chicken, or vegetables. The bread acts as both a container and a utensil for scooping up the delicious curry. 

57:19 The term ‘escalator' was originally trademarked by the Otis Elevator Company as their brand name for their moving staircases. However, due to widespread adoption and generic use by other companies and the public, it lost its trademark status and became a generic term for any moving staircase. This resulted in Otis losing the opportunity to exclusively own the term and its associated brand recognition.

58:44 Listen to episode 12 of the AfricanOptimist with Thebe Ikalafeng

58:51 2% of brands that are trademarked come from Africa