Intellectual Property Law in Nigeria

Intellectual Property Law in Nigeria

Why Nigeria should fight against The development of Nigerian economy is seen via the internal and external participation. The Nigerian Government see the future of Nigeria in the continuance of developing the tools for the economic climate in the country. It will attract Foreign Direct Investments in the country.

Intellectual Property Law in Nigeria

Intellectual Property Law in Nigeria

Therefore, the direct investments will be channelled for the development of small, medium and large business in Nigeria. Still, international traders expect that Intellectual property protection in Nigeria will work according to the rules of the World International Property Organization. If Nigeria expects Foreign Investments, it`s needed to protect the Intellectual Property Rights of Investors within the country.

Intellectual Property Rights

Intellectual Property Rights

Intellectual Property Law in Nigeria

Intellectual property is a term for various legal entitlements which attached to inventions, recorded and written media, names. Intellectual Property refers to the creation of the mind. It`s usually connected to images, artistic work, literary, inventions and commerce.

Intellectual Property Law in Nigeria

Intellectual Property Law in Nigeria

Intellectual Property Law in Nigeria

Types of IP

According to the Copyright Law in Nigeria, there are four traditional aspects of International Property in Nigeria:

  • Copyright – Nigerian Copyright Act (Amended) 1999
  • Industrial Design – Design and Patent Act 1970
  • Patent – Design and Patent Act 1970
  • Trademark – Trademark Act 1965

Copyright

Copyright

Intellectual Property Law in Nigeria

Copyright is the aspect Nigeria Law of Intellectual Property Protection that deals with preventing of copying or reproduction of the artistic or literary work. The main idea is to prevent intellectual property theft. It means to make barriers from stealing, or production of another`s person literacy work. Copyrights are given exclusively to the author of the creation and exploration of its work. Copyright Law covers technical drawings, maps, computer software, architecture, poem, music and paintings.

Nevertheless, using of authorised materials for humour, satire or parody is not defined as the violation of the Copyright Law in Nigeria. In the same time, this humour content is considered to be an Intellectual Property of a person created this parody.

Industrial Design

Industrial Design

Intellectual Property Law in Nigeria

It`s a process of design applied to a certain product that is to be created or manufactured. It`s a useful article that consists of patterns, shapes, colours and lines in the three-dimensional space. All manufacturing products are implemented results of design. A person who creates a design use the intellectual skills to outline it on paper. The main goal of the design is to cope with problems, like sales, sustainability, brand development, marketing, physical ergonomics, usability, function and form. Therefore, any unauthorised usage of the industrial design can lead to a judicial settlement.

Patent

Intellectual Property Patent

Intellectual Property Law in Nigeria

It`s a combination of exclusive rights given by the country or state to an assignee or inventor for a limited amount of time. In exchange, the inventor or assignee can provide a detailed public disclosure of an invention. Patents are connected with providing of technological solution or process to a particular technical problem. A patent should meet certain requirements to be taken as exclusive rights of the owner. These requirements are non-obviousness, usefulness and novelty. The exclusive rights grant to an owner that his/her work will not be used without the permission.

Trademark

Intellectual Property Trademark

Intellectual Property Law in Nigeria

Trademark is a particular design, symbol or expression which identifies services or products. An owner of a Trademark can be a business organisation, an individual or any legal entity. A trademark can be placed on a product, on a label or a package. Trademarks are often displayed on the corporates` buildings. The primary goal of the Trade Mark Law in Nigeria is to ensure the non-use of similar or identical trademarks by non-owner companies who are not registered to use them. Any confusion of trademarks or disputes about the Intellectual Property protection rights of a particular trademark can be settled in a court.

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Relationship between Intellectual Property

Relationship between Intellectual Property

Intellectual Property Law in Nigeria

The components of Intellectual property can be independent one from another. A single product might have more than one type of intellectual property. Take an iPhone for example.

  • The IPhone’s instructions or manual are protected by the copyright.
  • The IPhone`s Design is protected by Industrial Design.
  • The parts and processes of an iPhone are protected by the patent.
  • The trademark Apple protects the iPhone.

Commercial Intellectual Property

Commercial Intellectual Property

Intellectual Property Law in Nigeria

The commercial aspects of the Intellectual Property are usually referred as non-traditional aspects. The list of Intellectual Property includes:

  • Assignment
  • Intellectual Property Securitization
  • Franchising
  • Licensing

Intellectual Property can become a fundamental consideration in the next transactions:

  • Due Diligence
  • Joint ventures
  • Acquisition and Merger

World Intellectual Property Organization

World Intellectual Property Organization

Intellectual Property Law in Nigeria

It`s one of the specialized agencies of the United Nations. The WIPO was created in 1967. Its main goal is to protect Intellectual Property around the world and encourage the creative activity of people. The WIPO links over 300 Intellectual Property offices. It also serves as a forum for the information and cooperation between author. It provides information about international and region laws connecting to the protection of Intellectual Property.

Why are Intellectual Property rights so important?

Why are Intellectual Property rights so important?

Intellectual Property Law in Nigeria

Knowledge and technologies play a significant role in the economic growth of the UK, USA, Germany, France, Russia, China and India. The Globalisation provides new challenges to the Intellectual Property. Many companies share the opinion that Intellectual Property connected with creativity and Innovation can severally affect the marketing strategy. The status and protection of Intellectual Property Protection effects on the technological growth of a country. It should be mentioned, that the higher the technological growth of the country the better standards of living in the country.

The Influence of the Intellectual Property Protection reflects the increasing contribution to the knowledge-intensive industries. Therefore, it stimulates the production of intellectual capital in the country.

What are the benefits for Intellectual Right Protection?

What are the benefits for Intellectual Right Protection?

Intellectual Property Law in Nigeria

  • The commercialization of Intellectual Property can work as a major stimulus for the growth of the economy.
  • Active use of patent licensing and patent information can stimulate the transfer of technology.
  • The right implementation and protection of the Intellectual Property can attract Foreign Direct Investments.
  • Research and development power of the country can speed up if the Intellectual Property Rights are protected.

Challenges of Intellectual Property in Nigeria

  • A significant amount of innovations is not registered
  • Not enough awareness of the problem
  • Passive position of the Government to the Intellectual Property Law
  • Government Policies concerning Intellectual property are inadequate

How to Protect Intellectual Property?

  • Educate yourself. Take a closer look at the Intellectual Property Law. Take your time to explain the basics of this law to your colleagues.
  • Work with an attorney or any jurisconsult who specialises in the Intellectual Property Law in Nigeria.
  • Patent your Intellectual Property if it`s needed.
  • You can start your own Intellectual Property searches. Your first step might be at google.com/patents.
  • You can save some money if you work with attorneys from the other geography region.
  • Do not forget to audit and conduct all your registered patents and copyrights.
  • Make sure that all your agreements, technology transfer, sales and licenses are protected too.
  • Investigate international patents.

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Source: Naija.ng

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