IP Policy

THE MARKETING ASSOCIATION OF SOUTH AFRICA NPC INTELLECTUAL PROPERTY POLICY

1. DEFINITION

1.1. “Copyright” refers to Copyright Act No 98 of 1978, as amended.

1.2. “MASA” refers to Marketing Association South Africa NPC

1.3. “Intellectual Property (IP)” includes patents, designs, works of copyright (including software and literary works), trademarks, brands, logos, proprietary information, know-how, trade secrets, databases, goodwill and domain names.

1.4. “Trade Marks Act” refers to the Trade Marks Act NO 194 of 1993.

2. PURPOSE OF INTELLECTUAL PROPERTY

2.1. This policy sets out the MASA’s intellectual property rights, which includes inter alia copyrights and trademarks that is legally recognized and therefore legally protected. It further sets out MASA’s approach to ensuring its legal entitlements are protected and properly used as well as MASA’s approach to the infringement of these rights.

3. TRADE MARKS

3.1. MASA has and shall register trade marks in relation to its business operations in both words and logos, as it deems necessary to protect its IP and business operations.

3.2. The unauthorized use of MASA trademarks will amount to an infringement. If an infringement occurs, MASA reserves its right to institute civil proceedings in terms of the Trade Marks Act and claim damages. Unauthorized use of MASA trademarks is actionable under common law.

3.3. MASA has and shall have several logos registered in its name and the use of the logos and diagrams by any third party without MASA written agreement is prohibited

3.4. The list of currently registered trademarks as listed from time to time as well the various adaptations owned by MASA may not be used or included in a domain name, nor may they be included or used in email addressed of any third party. All requests for the use of MASA trademarks are required to be sent to MASA.

4. COPYRIGHT

4.1. In terms of the Copyright Act No 98 of 1978, MASA’s ownership, rights and title are protected. The following are examples of material that MASA’s copyright entitlement:

4.1.1. All presentations and slides created and used by MASA for all purposes

4.1.2. All general guidance notes, articles, reports, surveys and guides issued, to the extent that such documents provide for copyright protection; and

4.1.3. All papers published under MASA.

5. LEGAL RIGHTS

5.1. Infringement of MASA’s copyright and trade marks as an egregious conduct and will be taken in a serious light.

5.2. In an event a person, natural or juristic, is uncertain about this Intellectual Property policy regarding using or referencing copyright or trade mark correctly, they are requested to contact MASA’s Information Officer at info@marketingsa.co.za for clarity on the permitted use.

6. ONGOING MONITORING

6.1. MASA through the Management of the organization, is continuously monitoring its intellectual property protection within the organization and in relation to the usage of the intellectual property by all the MASA stakeholders.

7. POLICY APPROVAL

7.1. The Board has approved this policy on 14 October 2021, and it will be reviewed periodically.