Protecting your business ideas

Yaneek Page, Business Columnist

QUESTION: I write this email in reply to your article titled 'Big, hairy, audacious opportunities' published in The Sunday Gleaner. I must say that I am more excited than ever! I was like, 'When is my degree programme going to be over with so that I can start focusing on my dream!' Thank you for sharing that bit of information as it encourages and brings awareness to those who are not in 'the know'. In 5th form I discovered my passion for skin and hair care. I get really excited when I think of the possible formulations that may be developed from the many essential oils and other natural products that are available here in Jamaica. I found out that chemistry is the best route to get into this area; as such, I am now pursuing a degree in this area at UWI. I hope to specialise in cosmetic organic chemistry in the future. My question to you is, how do I go about protecting my ideas while soliciting the proper assistance for the nurturing of these very ideas?

-T.

BUSINESSWISE: "Intellectual property rights reward creativity and human endeavour, which fuel the progress of humankind," says the World Intellectual Property Organisation (WIPO).

You are truly a breath of fresh air! I applaud your drive and passion to become an innovator and the careful planning you've employed in pursuing a degree to advance the dreams you've articulated. Your question on protecting ideas is spot on, as innovation thrives in countries with strong appreciation for intellectual property, and where the works of creators are legally recognised and vigorously protected to allow them to realise economic benefit from their inventions.

In 2012, I participated in the 'WIPO Training of Trainers Program on Effective Intellectual Property Asset Management by Small & Medium-Sized Businesses' and learned some valuable insights which will benefit you as an aspiring innovator.

The first issue is whether your ideas can be legally protected as intellectual property. WIPO, the global forum for intellectual property services, policy and cooperation, defines IP as "creations of the mind such as inventions; literary and artistic works, designs, and symbols, names and images used in commerce".

Generally speaking, you can't legally register an idea as IP.

Let me explain with an example: If I have an idea to convert salt water into electricity but have not yet figured out the process to make it happen, I can't register that idea as my IP and receive protection. I would need to go further and outline the unique process I created for this conversion.

This is not to say you can't keep your idea safe until you've fleshed it out enough to create a unique formulation that can be legally registered and protected. You can!

Like many entrepreneurs and companies worldwide you can use the following methods to protect your idea in development:

1. Keep it top secret. Don't go telling all and sundry about what you are working on until the creation is complete and/or can be registered as IP.

2. Only involve trustworthy persons who are integral to the development of your invention in these early stages.

3. Use legal agreements. Make every person or organisation you hire/engage to develop your idea sign a confidentiality agreement in which they agree to non-disclosure of the idea, etc. Ideally, that agreement should also include an acknowledgement by them that you are the sole creator and owner of the invention in question. To further reduce the risk of others stealing your idea, you may also have them sign a non-compete agreement, which prevents them from copying or creating something similar to your invention to compete with you.

4. Limit work to sterile areas. As best as possible, limit the development to a single environment over which you have full control and constant surveillance to prevent information being leaked.

Once you're at the stage where a formulation, prototype or special process has been created, you should immediately move to register your IP.

You may seek assistance from the Jamaica Intellectual Property Office or an attorney specially trained in IP. The main types of IP are patents, designs, copyrights, trademarks, geographical indicators and traditional knowledge. A detailed explanation of each can be found online at www.wipo.int or www.jipo.gov.jm .

It's worth noting that on March 13, 2014 WIPO issued a press release highlighting record-level patent-filing activity in 2013, when the annual international patents exceeded 200,000 for the first time - driven mainly by the United States and China.

International trademark and industrial design filings also had record-breaking levels. It would augur well for Jamaica if you and other well- thinking young people pursue your innovations with vigour so that one day we, too, may be recognised as world-leading IP creators.

One love!

Yaneek Page is an entrepreneur and trainer in entrepreneurship and workforce innovation. Email: yaneek.page@gmail.comTwitter: @yaneekpageWebsite: www.theinnovatorsbootcamp.com