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How Can IP Enhance the Value of Your Business?

  • April 30, 2020
  • Sián Fields (Copyright IP & Technology, Data Privacy and Commercial Law Specialist)

When running your business, the cost of doing business is a big factor. Protection of IP often slips off the radar as a “nice to have” rather than critical to pay salaries cost decision. Fair enough. But when should you start paying attention to your IP and spending money on protecting it? And is there any benefit other than being able to defend your IP in the event of an infringement claim?

The answer is most certainly yes. If you are looking at some point to either growing your business through investment, or selling your business, you need to make sure your IP is protected and defensible as this is often looked at as the most valuable asset in your business. And if it isn’t protected, the value in the asset is reduced greatly.

The World Intellectual Property Organisation (“WIPO”) published this paper on IP and your SME.

Investing in protecting your IP, be it through patents, trademarks or other means, can enhance the value of your business and make it far more attractive in the eyes of any potential investors. Not only could have the correct IP protection in place secure certain protected areas of business for your company, it could also create a new revenue stream through licensing of key IP to third parties.

Most of us have heard of Beats headphones by Dr Dre…few of us have heard of the company Monster that actually made the headphones. See this article which sets out the costs of not properly protecting your IP.

At any rate, whether you are ready to start investing in the protection of IP yet or not, a good exercise for any business is to have an IP audit so that they can plot where they are today and determine a value-adding growth plan for the business in the future.

About the author

Sián Fields (Copyright IP & Technology, Data Privacy and Commercial Law Specialist)

Sián Fields is a Reynolds Attorneys consultant specialising in copyright IP and technology law, data privacy law and commercial Law. She has an LLM in Commercial Law with a specialisation in Electronic Law, and has extensive experience in information technology and telecoms, and offshore and local data privacy laws.
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Nicole Copley

NGO law

Nicole Copley is an NGO lawyer who works for NGO clients all over South Africa and internationally. She qualified with a BA LLB LLM (Tax) from the University of KwaZulu-Natal, Durban (with a Masters in tax exemption), and is a Master Tax Practitioner SATM.

Nicole advises on, drafts and amends founding documents for and sets up every sort of organisation required by South African NGOs. She makes tax exemption and 18A (deduction of donations) applications, and applications to be registered with the Nonprofit Organisations Board. She (and her team) keep registrations up to date and assist with compliance and reporting. She also NPO reporting and other services. She advises on re-structuring and assists not-for-profits in understanding and applying the useful provisions of B-BBEE.

She also does commercial drafting work for her NGO clients, vetting and drafting agreements for them. She works for a wide range of types and sizes of organisations and aims to provide a pragmatic and efficient service. Her decades of experience in consulting to NGOs means she takes the long view, is focused on governance, ethics, credibility and sustainability and steers clients away from quick fixes, helping them build/renovate so that the organisation outlasts current office bearers.

Nicole works with other consultants to the not-for-profit sector, collaborating on training, newsletters, advising government on legislation for the sector and, most recently, a series of practical guides for the sector, called “NGO Matters”, originally published by Juta but now published by Nicole as NGO Matters Publications.

She has been a consultant since 2019.

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