Intellectual Property Protection In Nigeria

Intellectual Property Protection In Nigeria 

Musa Habila Zakariah

University Of Jos

INTRODUCTION 

Intellectual Property is any artistic creation that belongs exclusively to its creator or author and is protected from infringement by unauthorized parties is considered intellectual property. In return for their creative or intellectual accomplishments, individuals or organizations are granted a set of legal protections known as intellectual property rights. These rights give creators and inventors the exclusive right to determine how and where to use and distribute their creations for a finite period of time.

According to the World Intellectual Property Organization (WIPO), Intellectual property refers to creations of the mind: inventions; literary and artistic,Intellectual works; and symbols, names, and images used in commerce.This article briefly discussed the overview of Intellectual property Laws in Nigeria.

FORMS OF INTELLECTUAL  PROPERTY LAW IN NIGERIA 

Many laws in Nigeria impact the administration and preservation of the various rights that comprise Intellectual Property. However, the Trademarks Act, the Patents and Designs Act,and the Copyright Act are the three primary acts controlling Intellectual Property law in Nigeria. 

1.COPYRIGHT: 

This refers to the exclusive rights granted to the creator of an original work. It also alludes to the basic freedom to procreate. The exclusive power to approve or prohibit particular uses of his works by other parties belongs to the copyright holder.These artistic, musical, literary, and cinematic works include sound records, broadcasts, and cinema films.

I.Literary Works: According to Section 6(1)(a) of the Copyright Act, copyright in literary works refers to the exclusive right to perform any act or grant permission to perform any act. It needs to be unique and fixed. It can take the following forms: (I) novels, stories, and poetry; (II) stage directions, plays, film scenarios, and broadcasting scripts; (III) choreographic works; (VI) encyclopedias, dictionaries, directories, anthologies, and the like.

A work must be original in order to be protected; nevertheless, originality does not equate to innovation or freshness.It implies not copying words for words, hence any collection of someone else's writing will pass for unique work. Because the collection was made by the individual using his own expertise, judgment, labor, and effort. 

II.Musical Works: Any musical work, including pieces created for musical accompaniment, will be protected, regardless of musical caliber. Musical compositions must also meet the requirements of originality and fixation; hence, if they are written, they will have musical notation to set them apart from other types of writing.

III.Artistic Works: These comprise: (I) Paintings, sketches, drawings, lithographs, woodcuts, engravings, and prints; (II) Maps, plans, and schematics; (III) Sculptural works; and (IV) Images not included in a cinematograph film; (V) artwork; and (VI) artistically crafted pieces of art.The exclusive right to copy the work in any chosen material form belongs to the right owner.Thus, in PETER OBE V GRAPEVINE COMMUNICATIONS LTD(2003-2007) 5 I.P.L.R,the plaintiff, a professional photographer, successfully sued

the defendant who had reproduced and published in its magazine,the plaintiff’s

photographic work without authorization.

IV.Cinematograph Films: This marks the first time a series of visual pictures has been fixed in a way that allows it to be reproduced, presented as a moving picture, and have a sound track recorded for it.This right's owner is the only one who can create or duplicate the movie in any way he sees fit. In the current era of digitization and internet technologies, the owner has the only right to upload the movie online.

V.Sound Recording: Copyright refers to the right to reproduce, broadcast, or communicate to the public the recording as well as the right to distribute copies of the work to the public for commercial reasons through leasing, renting, or other agreements.Thus, any form of unauthorized copying will constitute

infringement.

VI.Broadcast: Copyright in a broadcast is the exclusive right to manage the recording and rebroadcasting,as well as the communication to the general public by any of the following means:wireless telegraph,wire or both,satellite,cable programs and rebroadcast. The broadcast may be of visual Images, sounds or a combination of the

two. The right owner also has the exclusive right to distribute to the public for

commercial purposes or similar arrangement. Where there is an infringement, the court

will decide on the appropriate fair compensation.

WHAT ARE THE CURRENT COPYRIGHT LAWS IN NIGERIA?

Nigeria's main copyright legislation is found in the Nigerian Copyright Act 2022. The Nigeria Copyright Commission is created by the Act to serve as the regulatory authority for copyright enforcement and protection. In addition, Nigeria has ratified a number of international conventions, treaties, and resolutions, such as the WIPO Performances and Phonograms Treaty, the WIPO Copyright Treaty, and the Berne Convention.

2.TRADEMARKS:

Any mark, symbol, or combination of these that the owners create to identify their product and set it apart from those of other manufacturers, particularly rivals, is called a trademark. Your products have a unique level of identification attached to them. A trademark is defined as follows in Section 67 of the Trademarks Act Cap T3, Laws of the Federation of Nigeria 2004:

"A word, letter, label, numeral, colour, signature, device or any combinations of words, letters, labels, signatures that identify and distinguish the source of the goods or services of one manufacturer from those of others in the course of trade".

Trademark distinctiveness is a key concept in the laws governing trademarks and service marks. A trademark may be eligible for registration if it is unique and satisfies the previously listed essential trademark function. For a trademark to serve its primary purpose of pointing the consumer to the location of origin of the marked products and services, it must either be able to distinguish between the aforementioned items or possess the capability to do so.

CRITERIA AND PROCEDURE FOR REGISTRATION OF TRADEMARKS

The following conditions must be met in order to register a trademark:

1.Availability Search: Finding out whether the desired or proposed trademark is available is the first stage in the trademark registration process. A trademark may be rejected if it is misleading or deceptive, or it closely mimics an already-registered trademark, among other reasons.

2.Application filing: A completed application must be submitted to the Trademark Registry. It must include the applicant's personal information, the proposed trademark, and a description of the goods or services the trademark is intended to protect. At this point, the application fee has been paid.

3.Examination of Application: Following a successful application, the Trademark Registry is required to review the file to make sure all legal requirements have been met.

4.Release of the Suggested Trademark and Reaction: After the Registry is satisfied that all regulatory requirements have been met, the proposed registration is published to the public. Within two (2) months, complaints and opposition to the registration may be submitted and considered.

5.Certificate of Trademark: The Trademark may be lawfully registered and granted a Certificate of Registration if there is no valid objection to the published application.

Legal protection for a properly registered trademark lasts for seven (7) years, after which it can be renewed.

3.PATENT 

A patent is an exclusive right awarded for a technique or product invention. An invention's monopoly right is a patent. The Nigerian Patent and Design Act, Cap P2 LFN 2004, governs patent law. As long as the yearly renewal payments are paid for the whole potential term of the patent, the patent has a 20-year lifespan. In the event that the patent holder fails to pay the yearly renewal fee, the patent expires after a six-month grace period if it is not renewed and cannot be reactivated.

REQUIREMENTS AND PROCEDURE FOR ISSUANCE OF PATENT APPLICATION:

The Registrar receives an application for the issuance of a patent, which must include the applicant's personal information, a detailed description of the invention, and payment of the required fees. One innovation at a time may be the subject of a patent application.

 

1.Examining the application: The Registry will review the patent application to make sure it complies with all legal requirements before granting a patent after receiving it. In cases where there is noncompliance, the application may be rejected by the Registry. Section 3 of the Patent and Designs Act lays out the requirements.

2.Patent Grant: The patentee will get the patent and issue the accompanying document upon proper compliance with the regulatory requirements.

4.INDUSTRIAL DESIGNS

Any combination of lines, colors, or both, as well as any three-dimensional form—whether or not it has color—that the creator intends to use as a model or pattern to be replicated through an industrial process—rather than being created purely for technical purposes—is considered industrial design. Usually, it refers to a product's aesthetic or ornamental features. In addition to serving as a defining characteristic for branding, a product's design highlights how important buyers find visual appeal when selecting products. The Nigerian Patents and Designs Act governs it.

NIGERIAN REQUIREMENTS AND PROCEDURE FOR GRANTING DESIGN RIGHTS

The process for a patent application and the recognition of designs are nearly identical. The only process that sets itself apart is the release of the certificate details following registration and issuance of the applicant's Certificate of Registration in accordance with Section 17 of the Patents and Designs Act.

CONCLUSION

To sum up, it is crucial to emphasize that registration under the relevant intellectual property laws ensures the protection of all intellectual property in Nigeria. Owners of intellectual property rights can utilize it to prevent infringement by third parties once it has been registered.

Copyrighted works are protected once they have been proven to be original and established in a particular media; trademarks can be registered as words, logos, or both; an invention cannot be registered unless it is patented.

Above all, in Nigeria, intellectual property rights may be assigned, licensed, or charged using a mortgage.