The Chessboard  

The IP ecosystem is rapidly evolving, in keeping with a highly competitive and fast-growing global market (which, for purposes of this article, serves as a chessboard).  

Simply put, if we as IP professionals (responsible for protecting and enforcing the IP rights of our clients at the highest level) want to thrive in this environment and positively impact the business of our clients, we need to integrate useful technologies into our IP strategies, ensuring that with each move, we are better positioned to succeed.  

Cue effective data management (the pawns), analytics (the knight), and digital tools (the queen) which, when positioned correctly amongst other pieces, can be used to foster innovation and maintain your competitive edge (i.e., the king – the reason why the board exists).  

Piece by piece, as we execute our strategy, we allow stakeholders to obtain actionable insights, make informed decisions and streamline operations, all the while keeping in mind that nothing is without its limitations. Indeed, we still have an opponent to face. 

Positioning our Pieces  

The Pawns 

The pawns, if carefully presented and overseen with a watchful eye, are not easily attackable. With these pieces, consistency is key.  

In the same way, centralised and well-organised data repositories ensure the availability, accuracy, and security of critical IP-related information (e.g., secure access to comprehensive and accurate trade mark data via South Africa’s national trade mark database, CIPC Intellectual Property Online).  

With data quality and integrity at the forefront, we can accurately analyse existing information with digital tools and reduce the risk of errors in day-to-day tasks such as trade mark searches, filings and decision-making.  

Further, with certain stakeholders (such as businesses who commercialise IP globally) come scalability considerations. For trade mark professionals, proper in-house data management systems allow for the handling of growing volumes of IP data, making it easier to manage tasks like extracting or updating trade mark portfolios, tracking deadlines and processing bulk renewal instructions.  

The Knight  

Utilising the well-structured output of the pawns, the knight is tactical and thoughtful, sometimes underestimated for its limited range, but when played correctly, creates the most favourable positions.  

Likewise, a trade mark practitioner can meaningfully analyse available / accessible data to provide actionable insights to clients, with a view to positively impacting their business. For example, a deliberate search of the South African Trade Marks Register, for class 3 goods, reveals that Client X’s primary competitors in the cosmetics industry are registering trade marks for eco-friendly products. Using a digital tool to quickly scan the data and accurately identify key words, Client X is made aware that 67% of their competitors’ trade marks filed in the past two years relate to 'green,' 'eco,' or 'sustainable’ goods.   

Actionable steps for Client X can therefore include a review of their existing trade mark portfolio (to identify gaps in their branding); the filing of new and distinctive eco-conscious trade marks (that reflect their commitment to sustainability); and an update of their marketing strategy to align campaigns with eco-friendly values, stay competitive and appeal to environmentally conscious consumers. 

The Queen  

Needless to say, the queen is an extremely valuable tool, instinctively protected by the other pieces in play. To lose our queen is to lose our advantage.  

In the same way, the use of digital tools (as highlighted in the above examples) can drastically enhance efficiency and accuracy within an organisation, help reduce administrative burdens and minimise time spent on standard tasks, allowing professionals to focus their time on more complex matters, nurture client relationships and drive business.  

Facing our Opponent  

To succeed in the unpredictable game of chess, we require critical thinking, foresight and a sound understanding of our position at any given time.  

We must therefore appreciate that the use of new and innovative digital tools may apply at different levels, subject to varying factors, such as affordability to use and implement licensed software within an organisation, the capacity to fully integrate digital tools with existing systems and workflows, and the ability to train professionals to use these tools appropriately (backed by technical support). These considerations relate to the nature of our work (i.e., what areas require manual/intellectual human input, data security protection, and protection of sensitive client information). Considerations also extend to practical limitations/risks that may result from the use of digital tools.  

For instance, while AI and digital tools can facilitate trade mark searches across various global databases and generate comprehensive reports (including trade mark comparisons and risk assessments), trade marks are territorial in nature. Therefore, advice and recommendations to clients on overcoming potential objections (e.g., on grounds of ‘confusing similarity’) may differ in practice, by jurisdiction. Issues may also arise if certain data repositories are outdated, or persist in regions with infrastructure limitations, such as certain developing nations in Africa where IP searches are conducted manually, with no access to online databases.  

So, what do we do when our queen is backed into a corner?  

When the use of AI is restricted by practical limitations, we continue to explore opportunities for data-driven innovation and collaboration within our organisation and industry (locally and abroad), taking incremental steps like building or refining internal knowledge bases, websites, and digital prompts (with regular monitoring and updates). In transforming the way we work with the tools we have, we continue to improve efficiency, without compromising on quality.  

Ultimately, this enhances our role within the IP ecosystem, ensuring that our organisation and clients are well-positioned to thrive in this competitive climate. It allows us to confidently face our challenges as strategic and knowledgeable trade mark professionals – in the end, declaring a well-deserved "checkmate” to our opponent.  

References  

African Researchers Magazine: How AI is Transforming African Industries: Opportunities for Professionals in 2025 and Beyond (January 2025) https://www.africanresearchers.org/how-ai-is-transforming-african-industries-opportunities-for-professionals-in-2025-and-beyond/  

Generis Global: The Impact of Artificial Intelligence on Trademark Searches and Infringement Detection (5 November 2024) https://generisonline.com/the-impact-of-artificial-intelligence-on-trademark-searches-and-infringement-detection/