‘Please Call Me’ inventor Nkosana Makate could have avoided a protracted legal dispute by addressing compensation and commercialisation issues early, say experts.
Vodacom and Nkosana Makate have been embroiled in litigation over the ' Please Call Me ' product for almost 18 years.
Makate came up with what is now known as the ‘Please Call Me’ concept in 2000 and proposed it to Vodacom’s development team. Despite being promised remuneration, he has never received a cent from the telecoms operator, he claims.The former trainee accountant and Vodacom have been embroiled in litigation over the product for almost 18 years, leading to what is now a multibillion-rand legal battle.
By taking these protective measures in the early stages of conceptualisation, “Makate could have minimised the risks of a protracted legal dispute, clearly defining ownership, managing expectations, and addressing compensation and commercialisation concerns,” she adds. This agreement sets this court battle apart from typical IP matters, so it is not argued as an IP matter, but rather as a contractual matter.
According to Mashabela, the Patent Act 57 of 1978 defines an ‘inventor’ as an individual who has made a significant contribution to the creation of a new and useful invention that is patentable. This contribution could be either through conceptualisation or technical development.Hollesen believes several issues should have been taken into consideration.
Based on both the Copyright Act and the Patents Act, in most instances an employee cannot claim ownership of inventions created during their contract of employment, leaving Makate with little room to claim ownership or negotiate, she asserts.
Nkosana Makate Copyright Act Patents Act Vodacom Tumelo Mashabela Intellectual Property Laws Philip Geissler Alan Knott-Craig Janine Hollesen
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