How Intellectual Property can change Nigeria’s trajector

 How Intellectual Property can change Nigeria’s trajector 

To start with, intellectual property has to do with creations from one's mind, intellects or imaginations some examples are poems, stories, novels, songs, images, logos, etc. Intellectual property protection is highly significant in fostering innovation and creativity in any country, it is important for one to remember that without this protection, the ideas, innovations and creations, of businesses and individuals would not reap the full benefits of their creations, leading to a fear of being exploited and as such discouraging creators or inventors from sharing their innovations with the general public. In this article you will understand, what is intellectual property, the different statutes governing intellectual property rights in Nigeria, the forms of intellectual property and then finally, how intellectual property can change Nigeria's trajectory. 

What is an intellectual property and what are the laws governing the intellectual property right in Nigeria? According to the World Intellectual Property Organization (WIPO), Intellectual property refers to creations of the mind: inventions; literary and artist Intellectualistic works; and symbols, names, and images used in commerce. Intellectual Property (“IP”) is a generic term that describes creations of the intellect in relation to which the law ascribes exclusive right of appropriation to the designated owners. Now what is intellectual property law; Intellectual property law is the body of laws that governs all the relevant aspects (i.e. ownership, registration, protection, licensing, assignment, lifespan, etc.) of intellectual property rights. Therefore, one can be said to own an intellectual property if he created it himself using his mind or intellect and such creation meets the requirements for copyright, a patent or a design, or if he bought the  intellectual property rights from the creator or a previous owner. The laws governing intellectual property rights in Nigeria are as follows:(1)  The Trade Marks Act (2)  The Patents and Designs Act (3)  The Merchandise Marks Act (4)  The Copyright Act (5)    The Federal High Court (Civil Procedure) Rules (6)  The Cybercrimes (Prohibition, Prevention, E.T.C.) Act of 2015

Now what are the forms of intellectual property in Nigeria; Intellectual property is divided into two main categories and these are: The Copyright- this has to do with Literary works (such as novels , poems and plays), music, films, artistic works (e.g drawings, paintings, photographs and sculptures) and architectural design. And the Industrial Property - this has to do with patents, trademarks, industrial designs and geographical indications, plant breeder’s rights, trade dresses and trade secrets.  Under Nigerian law, there are four main different types of intellectual property and these include: 

(1) Copyright: This is a form of an intellectual work that refers to an  exclusive right of the author of the original work to control or enable the doing of certain expressly stated acts in respect of the whole or substantial part of the work either in its original form or in any other recognizably derived from the original form but subject to certain statutory exceptions. Therefore, the copyright laws refer to the bundle of law that seeks to protect the rights of authors of such works that have been expressed in specific forms for the transformation or reproduction by persons who are neither authorized nor licensed by the copyright owner. Copyright is governed by the Copyright Act Cap 68, Laws of the Federation of Nigeria, 2004. Section 1(1) (a-f) of the Copyright Act provides for works protected by copyright which include; (a) Literary works(b) Musical works(c) Artistic works(d) Cinematograph films (e) Sound recordings(f) Broadcasts.

(2) Trademark: A Trademark is any mark, sign, or combination thereof that the owners' happened to have designed it to identify their product and so as to differentiate it from other manufacturers' products, especially competitors. There is a peculiar measure of identity associated with your goods. Section 67 of the Trademarks Act Cap T3, Laws of the Federation of Nigeria 2004, defines a trademark as: 

A word, letter, label, numeral, color, 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. 

(3) Patent: Patents law is normally channeled towards protecting inventions that extend to things like machines, devices, chemical compositions, and manufacturing processes. Essentially speaking, the law protects the owner against the independent development of the patented subject matter. It is a grant from a government that confers upon an inventor the right to exclude others from making, using, selling, importing or offering an invention for sale for a fixed period. This invention may be a new product or process. The patent protects the inventor from others who may attempt to make, use, distribute or sell the invention without the patent owner's consent. Patentable inventions are inventions in respect of which the law will grant a patent. The Patent & Designs Act Cap P2, Laws of the Federation of Nigeria 1988, outlines conditions for an invention to be deemed patentable. According to section 1(1) of the Patent & Designs Act, an invention is considered patentable if it meets the following conditions; (a) It must be new (b) It must be the result of an inventive step; and (c) It must be capable of industrial application.

We must careful note that in Nigeria, Patents cannot be validly obtained in respect of: (a) plant or animal varieties, or essentially biological processes for the production of plants or animals (other than microbiological processes and their products); or (b) inventions the publication or exploitation of which would be contrary to public order or morality.

(4) Industrial Design: Industrial designs are those elements incorporated into mass-produced items that tend to enhance attractiveness by their appearance. Industrial design protection covers designs that are original and novel. It is called industrial design because for it to qualify for protection, the design must be capable of application for mass or industrial reproduction. According to section 12 of the Patents & Designs Act, industrial designs are created as models or patterns to be multiplied by an industrial process and not intended to achieve a technical result, i.e. relate to or improve on the functional feature of a product without which the product cannot perform its functions. 

Therefore, if a design relates to a functional element or enhances the functionality of a product, it will not be registrable as an industrial design and is more suitable for patent protection. The net effect of this section 12 of Patents & Designs Act is that a design need not be functional nor add value to the ability or substance of the article. It suffices if all the design does is to attract attention or that it is eye-catching to influence consumers. 

Having looked at the foregoing on what is intellectual property and the different statutes governing intellectual property right in Nigeria and the forms of intellectual property in Nigeria , i am of the firm opinion and stand that intellectual property can change Nigeria’s trajectory, this is because  it is the goal of every government all over the world to look for ways to improve their economies, help their citizens and build national capabilities in many areas of technology, information and culture. Intellectual property protection helps to achieve those goals because it plays a vital role in growing the economies of developed and developing countries all over the world, in spurring innovation, in giving large and small firms a range of tools to help drive their success, and in benefitting consumers and society through a continuous stream of innovative, competitive products and services and an expansion of society’s overall state of knowledge.

To appreciate the importance of intellectual property to help in changing Nigeria’s trajectory let's consider the community reading of the different authorities and what different scholarly minds had said or asserted about intellectual property.

First, Prime Minister Yusuf Raza Gilani, Pakistan, Intellectual property “is a means of consumer protection, transfer of technology, investment and hence economic development. Failure to protect intellectual property rights stifles innovation and creation and hampers economic growth and investment” 

Second, H. E.  Masakatsu Koike Vice-Minister for Foreign Affairs of Japan, “The importance of intellectual property in ensuring the sustainable development of all economies and the health and safety of their citizens will only grow in the knowledge economy of the 21st century.”

Third, Deputy Prime Minister Alexandr Vondra, Czech Republic “The key to innovation at times of crisis is incentivisation. Lack of IPR [intellectual property rights] can be fatal to SMEs, who are the main drivers of our economy and who, according to many studies, outperform larger firms in terms of technological importance of their innovations.”

Flowing from the foregoing paragraph we can deduce that intellectual property helps but is not limited in the following ways,  First, it helps to promote innovations,   Second, it helps firms monetize their innovations and growth, Third, it helps small and medium enterprises and as such a small-medium enterprise that uses the intellectual property right tend to project high growth, income and employment than those that do not, Fourth,  it helps to benefit the consumer and the society since intellectual property rights helps provide consumers with innovative products and services in virtually every area of life and helps protect consumers from counterfeit and pirated products. Fifth, it helps benefit the country's economy , since, Sectors that rely on intellectual property right represent a very crucial part of developed and developing economies, in terms of GDP, employment, and tax revenues and intellectual property rights also promote foreign direct investment and technology transfers in developed and developing countries.

In conclusion, intellectual property is very quintessential in changing Nigeria's trajectory being that intellectual property play a key role in the development of a counties economy and as such  a country where intellectual property are protected it always lead to incentive to increase in innovative and creative  activities and thereby encouraging investors to invest and when there is an increase in an innovative activities in a county such will lead to economic development and if there is  an economic development there will be an increase in employment opportunities thereby increasing the stand of living in a country.

 

 

I am Nathan Ibrahim , a fourt-year  law student at Edo State University Uzairue. I am open to learning, mentorship and networking. 

WhatsApp: 08121266177     And Email: [email protected] 

 

References: 

(1) Udo Udoma and Bello Osagie " Intellectual Property law, Nigeria" published on December  , 2016.< www.a4id.org/intellectual-property-law-nigeria.> Accessed on  01/03/2022.

(2) Allen N. Dixon "Intellectual Property:Powerhouse for Innovation and Economic Growth"<iccwbo.org/intellectual Property:Powerhouse for Innovation and Economic Growth.> Accessed on 02/03/2022.

(3) Olusola John Jegede " Nigeria: Forms & Enforcement Of Intellectual Property Rights In Nigeria" Accessed on 15/04/2022

(4)Overview of the intellectual property in Nigeria<https://www.resolutionlawng.com/overview-of-the-intellectual-property-law-in-nigeria/> Accessed on 15/04/2022

(5) Intellectual property and your work<https://www.gov.uk/intellectual-property-an-overview> Accessed on 15/04/2022

(6) Protect Your Intellectual Property<https://www.trade.gov/protect-intellectual-property>Accessed on 15/04/2022

(7) 5 Inventions That Changed The World < https://www.discovermagazine.com/technology/5-inventions-that-changed-the-world>Accessed on 15/04/2022

(8) Nosa John Garrick "Nigeria: Intellectual Property In Nigeria: A Summary Of Protectable Rights In Nigeria" published on 20 September 2021< https://www.mondaq.com/nigeria/trademark/1112730/intellectual-property-in-nigeria-a-summary-of-protectable-rights-in-nigeria> Accessed on 15/04/2022