Description

Law and Practice of Intellectual Property and Traditional Knowledge

Author: Nkeiruka Tasie Nwachukwu

Overview:

Nkeiruka Tasie Nwachukwu’s Law and Practice of Intellectual Property and Traditional Knowledge is a groundbreaking exploration of the intersection between modern intellectual property (IP) law and indigenous knowledge systems. This book addresses the legal challenges and opportunities in protecting traditional cultural expressions, folklore, and community-based innovations within Nigeria’s legal framework.

Industrial Design is defined as any combination of lines or colors or both, and any three-dimensional form, whether or not associated with colors, if it is intended by the creator to be used as a model or pattern to be multiplied by an industrial process and is not intended solely to obtain a technical result. It is generally the ornamental or aesthetic aspects of a product. The design of a product acts as a distinguishing factor for branding and also signifies the importance of aesthetic appeal to consumers in the choice of products. It is governed by the Nigerian Patents and Designs Act.

Requirement for Registration
Section 13(1) of the Patent and Designs Act 1990 provides that an industrial design is registrable if; (a) it is new (b) it is not contrary to public order or morality.

Registration of Industrial Designs
An application must be filed at the Registry of Trademarks, Patents and Designs in Nigeria. In order to register a design in Nigeria, there are a number of intellectual property law or steps an applicant must first take as stated below: ➢ The applicant must make sure the design conforms to the requirement of registration ➢ The applicant must not publicize the design before seeking to register the design and where he does, It becomes part of the public domain and cannot be protected after six months of such exhibition, or unless the priority of an earlier application can be claimed. ➢ The applicant must provide a specimen of the design. ➢ The applicant must also provide basic information including the name of the applicant, address, an indication of the kind of products associated with the design, and the title of the design. ➢ The applicant will also be required to pay the prescribed fees. ➢ A Power of Attorney, if the application is being made by an agent. ➢ Certified copy of the priority document if claimed.

TRADEMARK
A trademark may be described as a mark, which is used in the course of trade or business, to identify goods or services emanating from a particular provider and to distinguish them from those of others. Trademark is often called ‘brand’. By distinguishing brands of product or service, it builds the reputation of the brand. Trademarks also affect the consumers’ choice of product. It is the symbol through which consumers identify and become familiar with a particular product. The relevant authority in charge of trademark registration is the Trademarks, Patents and Designs Registry under the Federal Ministry of Trade and Investment. In our previous write-up, we explained the procedure for a trademark registration in Nigeria.

Registration of Trademarks
The trademarks register is divided into two parts: part A and part B. Section 9 of the Trademark Act CAP T13 LFN 2004 provides that in order for a trademark to be registrable under part A, the mark must contain one of the following: • The name of a company, individual, or firm represented in a special or particular manner; • The signature of the applicant for registration or some predecessor in his business; • an invented word or invented words; • A word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification a geographical name or surname; • Any other distinctive mark. To be registrable under part B, the mark has to be capable of being distinctive.

Non- Registrable Marks
The non-registrable marks include marks, which are not permitted to be registered under the Act. They include; • Marks which are deceptive or scandalous, contrary to law or morality. • Names of chemical substances • The Nigerian Coat of Arms or other emblem of authority • Patent, copyright, red cross and other similar words • Identical and resembling trademarks

Procedure for Registration of Trademarks
• Trademark search • Acknowledgment by the registrar if such mark follows the requirement of registration • Acceptance • Publication in the Trademark journal • If no opposition, the registrar issues a trademark Certificate

Conclusion:
In conclusion, it is worthy of note to mention that the registration of any intellectual property under the relevant intellectual property laws in Nigeria ensures its protection. Once the intellectual property rights have been registered, the owners can enforce such rights in a case of any infringement from a third party.

Copyright works are protected once it’s fixed in a definite medium and original; an invention must be patentable before it can be registered, and trademark registration may be in form of words or logo only or combination of both.