TURNING IDEAS INTO ASSETS WITH ESWATINI’S INTELLECTUAL PROPERTY OFFICE

Dr. Celucolo Dludlu, thank you for affording us time in your busy schedule. You are the Registrar for the Eswatini Intellectual Property Office (EIPO). What does the Office do?

Our mission is simple but profound: to protect the ideas of emaSwati and help translate them into economic and social value. Intellectual property (IP) is not just a legal tool; it is a catalyst for empowerment. IP treats ideas as capital. It enables a handcraft cooperative in Hluti to license its unique weaving patterns internationally. It allows a songwriter to collect royalties when their music is played locally and abroad, and it reassures a multinational that its brands and investments are safe in Eswatini. At its core, EIPO exists to turn ideas into assets. We register and protect the creations of the mind, but equally, we educate people to recognize that their ideas have value and can be monetized.

Why should an entrepreneur, creative, or startup care? Because in today’s economy, wealth is no longer measured only in land, minerals, or factories. Increasingly, it is measured in brands, innovations, and creativity. The true currency of our era is the wisdom applied to ideas. Even the smallest spark born in a rural homestead can achieve global reach through IP, and no one should miss out on those opportunities in the global marketplace.

What inspired your personal commitment to intellectual property?

A pivotal moment was during my time at the IP Institute, the Centre for Commercial Law Studies in London. We presented research results at a conference at Cambridge University, and through research in international think-tank networks, I observed that the technology transfer rationale or purpose of IP was being underutilized. The findings weren’t always popular with lobby and advocacy groups because they suggested that if developing countries used IP strategically, dependence on foreign aid would drastically reduce.

A technology generating billions for a multinational could equally empower a small startup, with just a bit of IP awareness. This realization shaped my mission: to make IP relevant to our part of the world. For example, a trademark designed by a large corporation can be just as effective when created by a local start-up, or by a local designer, if they know how to protect and use it.

How can IP contribute to Eswatini’s economy?

A recent study shows that IP can contribute between 7% and 14% to a country’s economy, hence IP converts intangible assets into measurable economic value. Trademarks create durable consumer recognition that reduces marketing costs and supports premium pricing. Patents can create licensable technologies and catalyze investment in local manufacturing or processing.

Copyright enables recurring revenue through licenses and collective management, and trade secrets preserve commercial advantage where disclosure would weaken competitiveness. When IP is actively managed, it becomes collateral for finance, a bargaining chip in partnerships, and a route to export markets. The practical outcomes can result in higher firm valuations, more jobs in higher-value activities (branding, processing, R&D), and recurring foreign exchange through licensing and royalties. With all of these positives, it is unfortunate that data shows that most registered IPs in Eswatini are foreign.

You mentioned data showing that most registered IPs are foreign. Why does that matter?

Our internal records show a historic tilt toward foreign filings; roughly 96% of recorded entries are held by foreign interests, leaving local registrations a small share. That legacy stems from registration systems that originally protected colonial and multinational interests. The consequence is predictable: downstream value from brands and technologies accrues offshore. Royalties and license payments flow out, and the local economy misses the manufacturing and services jobs that come with value chains. Rebalancing registrations toward local owners is a core development priority for our Office.

Many people think IP is only for big companies. Why is it important for SMEs and creatives in Eswatini to understand and protect their intellectual property?

Too often, IP is seen as something reserved for big corporations. In truth, SMEs and creatives need it most. A large company can survive the theft of an idea; it has the resources to litigate and recover. But for a small business, one copied brand or product can mean closure. IP protection levels the playing field. It gives the young fashion designer from Sandla (Mbabane) or the herbal innovator in Piggs Peak the same legal rights and competitive footing as much larger players. That is why His Majesty’s Government has invested in making IP protection accessible, and why EIPO is here to guide SMEs and creatives in leveraging it for growth.

What mistakes do local businesses commonly make that limit their ability to capture IP value?

Several recurring errors. First, creators delay or skip recordation and registration. Second, companies commission freelancers but neglect written assignments, meaning the creator retains legal ownership of the work. Third, firms fail to document or protect trade secrets through confidentiality measures. Fourth, organizations neglect renewal deadlines or procurement vetting for licences and franchises. These oversights reduce the commercial value of IP and invite appropriation. EIPO’s approach is pragmatic: we run assignment clinics, provide model Non-Disclosure Agreements (NDAs), and encourage recordation as a first step for cash-strapped entrepreneurs. Using the information we hold, we can also point to clear economic opportunities for the Kingdom, like the recent COVID-19 pandemic.

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