Many lessons from Vodacom ‘Please Call Me’ saga, say experts

The biggest lesson companies can learn from the Vodacom versus Makate ‘ Please Call Me ’ litigation is that if an employee invents a product, proper contractual agreements must be put in place, detailing guidelines around the use of the product and remuneration.

The case has most likely led to more companies rigidifying and consolidating their contracting language around IP, she adds. According to Mashabela, this case stresses the conversations that need to happen relating to how companies handle employee suggestions and potential remuneration for commercially viable ideas.

“It would have been helpful if Vodacom had set up proper submission channels and processes of ideas created by employees. In this way, Makate could have presented his idea using clear submission channels, which Vodacom deemed to have necessary authority to hear such ideas.” According to Forere, this case has distorted IP laws as well as labour laws. For example, the issue of ownership of the ‘Please Call Me’ product was not determined in accordance with the Patents Act.

Source: Law Daily Report (lawdailyreport.net)

Tumelo Mashabela Nkosana Makate Please Call Me Malebakeng Forere Patents Act Copyright Act Janine Hollesen Intellectual Property IP Werksmans Attorneys

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