Understanding Intellectual Property Law In Nigeria
The best ways of registering intellectual property rights in Nigeria including trademarks, patent rights, copyrights, names, images, inventions, literary, artistic, design, symbols and related intellectual property s by engaging best intellectual property lawyers in Nigeria for legal advice and proper guidance.
Being able to enjoy the freedom, protection, and right of ownership that comes with a creation, an innovation or invention is what every creative wants. However, it seems like a mirage for many creatives who battle intellectual property theft.
Good news is, there are laws and regulations that oversee the protection of a creative’s intellectual property. And we’d be dissecting thee intellectual property laws in Nigeria in this article. Let’s get started.
What Exactly Is An Intellectual Property?
As defined by the World Intellectual Property Organization (WIPO), an intellectual property is the creation of the mind such as inventions; literary and artistic work; designs, names, images and symbols used in commerce. In essence, an intellectual property is the creations of the human mind.
Forms Of Intellectual Property
There are various forms of intellectual property and all of them have there laws that protects the rights of creatives. However, we will be focusing on the three main laws governing a creator’s intellectual property in Nigeria which are the Copyright Act, the Patents and Designs Act, and the Trademarks Act.
Copyright
A copyright is the exclusive right granted to a creator for their original work or idea, giving the creator the power to prohibit or authorize other on the use of his/her work. These rights are classified as moral and economic.
The moral rights of a creator is the right to be acknowledged as the creator, inventor, or author of a work. While the economic right is the rights of creatives over the distribution of their work an the financial benefit gotten from it.
In Nigeria, copyright is governed by the Copyright Act and regulated by the Nigerian Copyright Commission. Under Section 1(1) of the Copyright Act are provisions for works protected by copyright such as Literary works, Musical works, Artistic works, Cinematograph films, Sound recordings, and Broadcasts.
Furthermore, the duration of copyright for literary, artistic or musical work last about 70 years after the death of the author, while films, photographs and sound recordings last about 50 years after first published.
Trademark
A trademark is a unique sign that distinguishes one business goods and services from another. A trademark can be a brand’s symbol, name, logo, slogan, etc that customers identify the brand with.
The main legislation governing trademarks in Nigeria is the Trademark Act Cap T13 Laws of the Federation of Nigeria, 2004. While the regulatory body that enforces and protects trademarks in Nigeria is the Trademark, Patent and Design Registry under the Commercial Department of the Federal Ministry of Trade and Investment.
If you want more information on the procedures for registering a trademark in Nigeria and the common mistakes to avoid, then you can read our other articles where we talked about it extensively and consult best intellectual property lawyer in Nigeria for best legal advice on intellectual property rights registration including trademark, patent, copyright and other intellectual property rights.
Patent and Design
Patent is an exclusive right granted for an invention which is a product or process, providing a new way of getting things done, or offering a technical solution to a problem. It last for a duration of 20 years as long as the patentee keeps renewing the annual patent fees. If for any reason the patentee defaults, the patent will be given a six months grace, after which there is no renewal, it will expire entirely.
To get a patent, you need to apply to the Trademark, Patents and Design Registry under the Federal Ministry of Trade and Investment. The application should contain the applicant’s personal details, a clear description of the invention and payment of the prescribed fees.
After careful examination by the registrar, ensuring it complies with the regulatory requirement and found worthy, the patent will be granted to the applicant with other necessary document.
Design on the other hand could be a combination of lines or colors, and any 3D form, that distinguishes a brand from another making it aesthetically pleasing to consumers. Its intent is to protect the appearance of an invention, and it’s registrable so long as it’s new and does not oppose public order or morality.
Patent and Design Act Cap P2 LFN 2004 regulates the Patent and Design law in Nigeria.
In Nigeria it is very important to take legal advice from the best and experienced intellectual property lawyers in Nigeria to register your intellectual property under the relevant intellectual property laws is an important step to protecting and enforcing the rights of your intellectual property rights should there be any infringement.