Tumelo Mashabela ‘23
Tumelo Mashabela is a dynamic patent attorney. She has extensive skills in various aspects of intellectual property, corporate, and commercial law. She holds a degree in Electrical Engineering from University of Cape Town in South Africa (SA), an L.L.B. degree from University of South Africa , and an L.L.M. in Intellectual Property and Technology Law. Tumelo started her career as a software engineer and later became the first black female patent attorney in South Africa. With 18 years of experience, she has expertise in drafting and registration of patents, negotiation and drafting of contracts, developing IP strategies and policies, and conducting IP audits. In 2016, Tumelo established her own IP law firm, Tshaya Mashabela Attorneys. She is passionate about creating IP awareness especially in underprivileged communities that have very little chance of obtaining such information. Currently, she serves as a Board Member of the South African National Energy Development Institute and has held advisory and directorial roles in various organizations including the National Intellectual Property Management Office. Tumelo has received awards for her excellence in innovation management and is involved in teaching and examining IP including being guest speaker at World Intellectual Property Organization (WIPO) Summer School held in SA for about a decade.
What initially sparked your interest in IP law and made you pursue it as a career?
It was because of the large amount of IP misappropriation that I witnessed when I first started working at my first job after graduating. I also have an appreciation for the fact that IP is what sets a country or a business apart from other countries or competitors. South Korea was once one of the poorest countries in the world, but they now export all manner of technology related products, all because of their insightful decision to invest in R & D and value the importance of IP. This made me realize that, for a country, IP development could be an answer to high unemployment rates and poverty.
Could you elaborate on the specific areas of IP law that you primarily focus on?
Some of the areas I focus on include patent drafting, prosecution and maintenance (locally and abroad), trademarks (filing, prosecution and maintenance), copyright, licensing of IP, IP audit and due diligence. I am also involved in the negotiation and drafting of commercial contracts (license agreements, NDAs, joint venture agreements etc.).
During your time in law school, what specific activities or experiences did you engage in that helped shape your understanding of IP law?
I took courses that expanded my knowledge of IP and introduced me to new concepts that affects IP. For example, Artificial Intelligence.
Looking back on your law school journey, what advice would you give to your younger self? In other words, if you could go through law school again, what would you do differently?
Find out how you can be involved at the school. Participate in as many activities as possible. Don’t be confined to only IP space - learn information from main campus.
What advice would you offer to international L.L.M. Students navigating America?
Find out as much information as possible about the law school you will be attending and the area you will be living in. Be involved in the relevant associations. Most importantly, prepare for your classes, this is how you can extract the maximum value from each lesson. Engage your professors on various topics. Participate in class and reach out to your classmates. Reach out to other students. Be present and enjoy your stay in America.