The design and manufacture of a mould often requires great
effort, skill and expenditure by a proprietor. As such, it is of
great importance to a proprietor that their mould is protected so
as to prevent competitors from copying it and gaining an unfair
advantage. Fortunately, intellectual property laws in South Africa
provide ample protection possibilities to a proprietor of a
mould.
This article gives an overview of the types of intellectual
property which could protect a mould.
Patent protection
A mould would qualify for patent protection if it is new,
involves an inventive step and is useful in trade, industry or
agriculture. The novel and inventive merit of the mould would be
assessed with reference to the so-called "prior art". The
"prior art" includes all matter which has been made
available to the public anywhere in the world, through written or
oral description, use or in any other way. However, it is important
to note that if a patent has been granted