Vital to protect your intellectual property

“PLEASE call me back.”

Sounds familiar?

It does for many people and at one point in time was rampantly abused in Zimbabwe.

In 2000, Mr Kenneth Nkosana Makate was employed by Vodacom (Pty) Limited as a trainee accountant. In November of that year, he was involved in a long-distance relationship with a student, who later became his wife.

They experienced communication difficulties, owing mainly to the fact that his girlfriend could not afford to buy airtime to call him.

Both of them were familiar with a practice where a cellphone user with low airtime would dial the number of another cellphone user and allow the phone to ring twice before cancelling the call.

But for the message to be conveyed, the one who initiated the call needed to have some airtime.

As such, the practice did not resolve the couple’s communication difficulty.

Meanwhile, Mr Makate came up with an idea where a cellphone user with no airtime would be able to send a request to the other cellphone user with airtime to call the former. The idea was reduced to writing and he consulted his superior and mentor at Vodacom for advice on how he could sell it to any of the cellphone service providers, including Vodacom. His mentor, Mr Lazarus Muchenje, advised him to speak to the director of product development and management, Mr Philip Geissler.

Mr Makate and Mr Geissler negotiated and agreed that Vodacom would use his idea to develop a new product that would be put on trial for commercial viability.

If the product was successful, then he would be paid a share in the revenue generated by it. Although Mr Makate had indicated that he wanted 15 percent of the revenue, the parties deferred their negotiations on the amount he would be paid for a later date.

However, they agreed that in the event of them failing to agree on the amount, Vodacom’s chief executive officer would determine the amount.

Based on Mr Makate’s idea, Vodacom developed a new product that was called “Please Call Me”.

This product enabled a cellphone user with no airtime to send a message to the other cellphone user, asking her to call him.

The new product elicited excitement at Vodacom and the inventor of the idea on which it was built was praised for his innovative thinking.

Vodacom’s internal newsletter described the employee’s idea in these terms: “Vodacom has launched a new product called ‘Call Me’, thanks to Kenneth Makate from our finance department. Kenneth suggested the service to the product development team, which immediately took up the idea.

“‘Call Me’ is a world first and allows Vodacom prepaid users to send a free text message to other Vodacom customers requesting they call them back.

“The main aim of this product is to allow Vodacom users who do not have balances on their accounts to keep in touch with their families and loved ones.”

Interestingly, Mr Makate is yet to be paid for his innovation. Vodacom, at the time of writing this article, is fighting an order to pay billions to Mr Makate.

Bloomberg Business reports that Vodacom was ordered to pay between R29 billion (US$1,5 billion) and R55 billion (US$2,9 billion) for his “Please Call Me” idea.

Mr Makate stands to be a billionaire from his intellectual property. In June 2010, Telecel introduced “Call me Back”. All the major networks in Zimbabwe also introduced this facility.

Priority of intellectual property

In the fiercely competitive landscape of modern business, the protection of intellectual property rights has become a cornerstone for small businesses striving to secure their innovations, brand identity and creative works from unauthorised exploitation by competitors.

In a world where innovation and originality are key drivers of success, the safeguarding of trademarks, copyrights and patents is not just a legal necessity but a strategic imperative for companies looking to establish a strong foundation for growth, differentiation and longevity in the marketplace.

The critical importance of protecting intellectual property for small businesses cannot be overemphasised.

It is necessary to explore how trademarks, copyright and patents serve as invaluable tools for preserving the integrity, value and competitive edge of innovative enterprises.

LEGAL DISCLAIMER: The material contained in this article is set out in good faith for general guidance in the spirit of raising legal awareness on topical interests that affect most people on a daily basis. They are not meant to create an attorney-client relationship or constitute solicitation. No liability can be accepted for loss or expense incurred as a result of relying in particular circumstances on statements made in the article. Laws and regulations are complex and liable to change, and readers should check the current position with the relevant authorities before making personal arrangements.

To be continued next week . . .

 Arthur Marara is a practising attorney, author, human capital trainer, business speaker, thought leader, law lecturer, consultant, legal proctor (University of Zimbabwe), and a notary public and conveyancer. He has vast experience in employment law and has worked with several organisations. He is passionate about promoting legal awareness and access to justice. He writes in his personal capacity. You can follow him on social media (Facebook Attorney Arthur Marara), or WhatsApp him on +263780055152 or email [email protected]