Introduction
Imagine this: You are a software developer. You have just created an app that can detect with near-perfect accuracy whether your business partner, spouse or child is lying based on the sound of their voice. You have met an investor who believes in your dream and has promised to fund it. You have shared all the prototypes and your business plan. One week before the product launch another company owned by the investor launches your product with a different name and slightly different branding. It’s your product. You know it. You worked tirelessly on it for months, maybe even years. But you have no means of proving it because you did not register your intellectual property. In fact, it never crossed your mind. Because for you, these ‘copyright things’ are for the musicians who are fighting over who owns Defe Defe or over whether Coachella can fight Afrochella for the Chella trademark.
Or maybe you are an up-and-coming author. You just published your first novel. It is a sensational hit. A movie producer reaches out. He wants to adapt your story into a movie. You get excited and give him the green light. Actors are auditioned. A crew is put together. You even help to write the script for the movie. As soon as the movie trailer goes out, your publisher sues you and the movie producer. It turns out that the terms and conditions of the publication agreement limit your right to distribute, reproduce, or adapt your own story that you wrote. You cannot believe it! Once again, you didn’t consider your intellectual property rights, and now you are losing money, sleep, and potential investment opportunities.
So, What Are These ‘Copyright Things?’
Copyright is a subset of a bigger set of rights called intellectual property rights. Intellectual Property (IP) refers to “creations of the mind, such as inventions, literary and artistic works, designs, and symbols, names and images used in commerce.”[1] IP is protected by law to help creators, innovators, and businesses secure recognition and, where applicable, financial benefit from what they invent or create. By balancing the interests of innovators with the wider public interest, the IP system encourages an environment where creativity and innovation can flourish.
Intellectual Property law is broad and covers different rights designed to protect different forms of creativity, innovation, and commercial identity. In the above scenario, the developer’s situation opens up the conversation on copyright, patents, and trade secrets. There are, however, several other types of IP Rights including trademarks, geographical indications, industrial designs, trade dress, plant varieties, and related protections.
Join us as we explore these IP Rights and why each is important, particularly, for businesses and SME’s.
In this first article, we provide a general introduction to intellectual property. The main IP branches are explained briefly in the table below. Our subsequent articles in the series will delve deeper into each type of IP.
| IP Right | Infographic Description |
| Copyright | Protects original creative and written works. |
| Patents | Protects new inventions and technical innovations. |
| Trademarks | Protects the names, logos, and signs that identify your brand. |
| Trade Secrets | Protects valuable business information that must stay secret. |
| Confidentiality | Protects shared information from unauthorised use or disclosure. |
| Industrial Designs | Protects the visual appearance and design of products. |
| Unfair Competition | Protects businesses against deceptive or dishonest commercial practices. |
Conclusion
IP is not reserved for large corporations. Neither is it a formality to be glossed over. For businesses, especially SMEs and startups, understanding IP rights and incorporating them into your business strategy is a crucial business decision. A registered trademark, a protected design or a confidential process is an asset that can attract investment, strengthen your business valuation, and carves out space for you in a competitive market.
[1] WIPO, What is Intellectual Property?, accessed 16th June 2026
Authors: Audrey Naa Dei Kotey, Clara Mettle-Nunoo & Lordina Oduma Antingane
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