By Steve M. Chikengezha, Junior Associate.

Exhibitions, Open days and Trade Fairs are becoming more common in a number of nations. These have not only stayed foreign but back home we are beginning to see a rise in the number of institutions hosting similar events. For example most universities, creative hubs and companies are starting to take up the above options in an attempt to showcase themselves.

The above options present an opportunity for students and creatives to promote their product and possibly receive funding for their ideas. When used as a marketing tool for creatives and start-ups, exhibitions and trade fairs are very important. They assist in attracting a new breed of consumers, testing products, access new markets, elevate images and boost competitiveness.

However, these “excellent opportunities” for creatives are quickly becoming platforms for manipulation as there is a rise in fraudsters and IP infringements arising out of such events. It has become common practice that a lot of creatives find their product on the market (months after the fair or exhibition) being sold with a different name and/or slightly tweaked. This is clearly a violation of their Intellectual Property Rights (IPRs). IPRs include trademarks, designs, copyright, utility models or patents. It is these IPRs that are being violated by investors attending the various events.

Before signing up for an exhibition (as a participant) or planning a trade fair (as an organizer) it is important to ensure that the following is in place:

• An intellectual property complaint centre; and 
• Secure the attendance of Administrative departments (for example, ARIPO, ZIPO, etc.)

These will provide a stage to immediately report any violations that may take place within the duration of the event.

As a creative or participant, it is also very important to make certain that:

• You have filed a Patent Application if your concept is novel, non-obvious and industrially applicable; or
• Ensure your people have signed Non-disclosure agreements (NDAs), Non-Disclosure, Non-Use And Non-Circumvention agreements, etc. and structure the presentation in a way that no trade secrets will be revealed; or
• Ensure your ideas or expressions of your ideas are authenticated and/or notarized if they have been put on paper; or
• Ensure your mark for your product or brand is registered with the relevant office in the Country you wish to exhibit.

Before looking at the money aspect and grand opportunity start-ups and creatives are encouraged to consult their IP Attorneys for an in-depth review of their work and ideas to ensure that they are fully protected. As much as the companies and creatives should focus on protecting the IPRs, they equally have to avoid infringing upon the rights of others in the chosen industry and territory where the event is being held.

In the following article we will look at the different IPRs and break them down one by one and explain what they mean to different creatives.

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