INNOVATION AND CREATIVITY AS THE BEDROCK OF DEVELOPMENT AND LEGAL PROTECTION OF INTELLECTUAL PROPERTY

INNOVATION AND CREATIVITY AS THE BEDROCK OF DEVELOPMENT AND LEGAL PROTECTION OF INTELLECTUAL PROPERTY

The bedrock of a developing society is its ability to evolve, create and develop concepts and things that can help in making the society better. Science and technology are key drivers in doing this as well as creativity. However, apart from innate capability to develop, innovate and create lies the challenge of defending such technological or creative innovations as well as maximizing profits from innovations. Thus an inventor or creator of a unique intellectual property sometime has to deal with the challenge of funding as well as protecting the intellectual property developed.

Before diving further, Black’s Law Dictionary defines “intellectual property” as “(a) category of intangible rights protecting commercially valuable products of the human intellect. These rights can be artistic creations, technical creations, software designs, logos, insignia, music etc. Intellectual property in Nigeria can be protected by law in Nigeria through Patents, Copyright and Trademark registration. Intellectual property also includes trade secrets that help the business have a distinctive value selling point. Thus, the provision of these avenues by the government provides room for people to protect their inventions and intellectual properties which they must have invested valuable resources both quantifiable and unquantifiable in developing as well as deriving the financial benefits and acknowledgement they ought to receive as creators or definitive owners of such intellectual property.

TYPES OF INTELECTUAL PROPERTY

Copyright:

In Nigeria, Copyright is administered by the Nigerian Copyrights Commission is governed by the Copyright Act cap. C28 (LFN 2004) literary with the aim of protection, transfer, infringement of and remedy of literary works, musical works, artistic works, cinematographic films, sound recordings, broadcast and ancillary matters. Artistic works include novels, stories, choreographic works, computer programs and etc. musical works also include works composed for accompaniment. Artistic works include painting, woodcut, maps etc. The Act also make provision for rights conferred on a copyright owner, the administration of copyright in Nigeria, duration of copyright, persons entitled to copyright in Nigeria, etc.

Trademark

A trademark is a recognizable sign, design or expression which identifies products or services of a particular source from those of others. The Trademark Act Cap T13 LFN 2004 regulates trademark registration and practice in Nigeria. The trade mark usually distinguishes a product from another product. The provides for the registration of trademarks, assignment and use of the trademark, duration of the Trademark, assignment of the Trademark and it’s permitted use etc.

Patent and Industrial Design

Patent can be defined as the exclusive right granted by a government to an inventor to manufacture, use, or sell an invention for a certain number of years. an invention or process protected by this right. Patent is governed by the Patent Act Cap P2 LFN, 2004. The purpose of the Act is to make comprehensive provisions for the registration and proprietorship of Patents and Designs in Nigeria and other ancillary matters thereto. To qualify as a registrable patent, patent must be

a.    a new or novel invention or

b.     an improvement upon a patented invention which result from an inventive activity;

c.    Is capable of industrial application

The Act further provides for rights of a patent holder, patent application procedure, License of patent and industrial design.

TRADE SECRET

A trade secret can be defined as a fomula, practice, process, design, instrument, commercial method or compilation of information not generally known or reasonably ascertainable by others which a business can obtain an economic advantage over competitors or customers.

No business thrives without trade secrets that aid in giving it a competitive edge hence the importance in ensuring trade secrets are well protected inspite of the fact that a manufacturer may losse a key resource who participated in the development or implementation of the trade secret to ensure results. Nonetheless, what we lost in not have a Uniform Trade Secrets law in Nigeria, we have gained through the use of a well drafted confidentiality agreements and other related means. Nigeria as a country also benefits from the protection of trade secrets via Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). TRIPS agreement comprehensively provides the nexus between intellectual property law and international trading system.  Administered by the World Trade Organisation (WTO), TRIPS sets down minimum standards for the regulation of various forms of intellectual property (IP) just as they also applied in WTO members-states. TRIPS has over the years managed to evolve the globalisation of intellectual property laws; to the relative benefits of jurisdictions such as Nigeria. Thus business entities in Nigeria must constantly work with their Attorneys to ensure adequate protection of trade secrets is achieved.

 INFRINGEMENT AND ENFORCEMENT

Where there are identifiable infringements on the rights of persons based on rights conferred by Copyrights, Trademark and Patent Laws a person can take steps to ensure such infringements are dealt with through all legal identifiable means. Mediation, Arbitration and Litigation could be used to get optimum result. Consulting a Lawyer will help in activation the best method in line with business needs to get results.

Olaronke Adeogun 

©June 2018