Daily Law Tips (Tip 697) by Onyekachi Umah, Esq., LL.M,
ACIArb(UK)
![image](/2020/11/spaajibade2.jpg")
![image](/2020/11/alexad.jpg")
Introduction:
Like any other property, intellectual property is a great asset. A
man’s trading name can be worth more than his landed property. By
the way, “Intellectual Property” is a collection of creations of
human minds, which includes Copyrights, Trademarks, Patents,
Industrial Designs, Geographical Indications and Trade Secrets.
Intellectual Property is everything a bankable property like
shares, lands, commodities and forex.
![image](/2020/10/NWLRland.jpg")
Just like land allocations in Nigeria exist for a certain period
of time (often for 99 years), intellectual properties have various
validity durations. This work will expose the various validity
periods of intellectual properties in Nigeria, like Copyrights,
Trademarks, Patents and Industrial Designs.
Classes of Intellectual Properties.
“Copyright” covers literary and artistic works like books, music,
paintings, sculpture and films, to computer programs, databases,
advertisements, maps and technical drawings. Copyright is a
governed in Nigeria by the COPYRIGHT ACT, 1988.
“Patent” is a protection given to inventors for their works,
giving them right to determine who uses their work and how, while
the technical information on the invention is made public by the
inventor. The law that regulates patent in Nigeria is the PATENTS
AND DESIGNS ACT, 1971.
“Industrial Designs” cover the combination of lines or colours
or both, and any three- dimensional form, intended to be used as a
model/pattern to be multiplied by industrial process. Industrial
designs is regulated by a federal law, the PATENTS AND DESIGNS ACT,
1971.
“Trademark” is a distinctive sign, mark, symbol or indicator
which distinguishes goods and services of an enterprise
(individual, company) or any legal entity from those of others in a
given class. It could be in the form of words, letters, numbers,
drawings, shapes, labels, colours, pictures or combination of all
or some of the above elements. Trade mark is an intellectual
property that is registrable under the law and protected by the
law. An unauthorised use of a trademark is actionable in law. In
Nigeria, trademarks are protected under the TRADE MARKS ACT,
1967.
Effect and Duration of Registration:
Below are the four common intellectual properties and their various
effects and durations in Nigeria.
Copyrights:
Ownership, Use & Transfer of literary works, musical works,
artistic works, cinematograph works, sound recording and broadcasts
of businesses. Natural registration and deliberate notification.
Lasts for 70 years for literary, musical and artistic works apart
from photos. Then, lasts for 50 years for cinematograph films,
photographs, sound recordings and broadcasts.
Industrial Designs:
Ownership, Use & Transfer of any new combination of lines or
colours or both, and any three- dimensional form, intended to be
used as a model/pattern to be multiplied by industrial process.
Certificate lasts for 5 years and upon renewal for another term of
10 years.
Patents:
Ownership, Use & Transfer of new Inventions, discoveries, products
and processes. Registration lasts for 20 years without an option of
renewal.
Trademark:
Use & Transfer of distinctive names, words, colours, logos, crests,
flags, badges, symbols, pictures, shapes, signs, patterns,
formations, processes, drawings or combination of all or some of
the above elements of businesses. Registration lasts for 7 years
after registration. Subsequently, lasts for terms 14 years after
each renewal.
Conclusion and Recommendation:
Intellectual Property is an asset. It is wise to always register
them, renew them and keep them safe at all times.
My authorities, are:
1. Sections 1, 2, 3, 16, 318 and 319 of the Constitution of Federal
Republic of Nigeria, 1999.
2. Sections 1, 2, 5, 6 and 24 of Copyright Act, 1988.
3. Section 1, 2, 3, 22 and 23 of the Trademark Act, 1967
4. Section 1, 2, 3, 6, 7, 12, 13, 14, 15 and 20 of the Patent and
Designs Act, 1971.
5. Onyekachi Umah, “Registration of Trademarks In Nigeria”
(LearnNigrianLaws.com, 11 March 2016)
<https://learnnigerianlaws.com/registration-of-trade-marks/>
accessed 16 November 2020.
6. Onyekachi Umah, “Nigerian Businesses and the Need for Corporate,
Copyrights, Trade Marks, Industrial Designs and Patents
Registrations” (LearnNigerianLaws.com, 19 July 2018)
<https://learnnigerianlaws.com/wp-content/uploads/2018/07/Nigerian_Businesses_and_the_Need_for_Corporate_Copyrights_Trade_Marks_Industrial_Designs_and_Patents.pdf[1] >
accessed 16 November 2020.
7. Onyekachi Umah, “Copyright, Trademark, Industrial Designs &
Patent Registration; Prospects For Lawyers In Nigeria”
(LearnNigerianaws.com, 30 July 2018) <https://learnnigerianlaws.com/copyright-trademark-industrial-designs-patent-registration-prospects-for-lawyers-in-nigeria-pdf/[2] >
accessed 16 November 2020
8. Onyekachi Umah, “Duration of Copyrights In Nigeria”
(LearnNigerianLaws.com, 4 October 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-198-duration-of-copyrights-in-nigeria/[3]
> accessed 16 November 2020.
9. Onyekachi Umah, “Every Work That Is Eligible For Copyright In
Nigeria Is Conferred Copyright Even Without A Registration”
(LearnNigerianLaws.com, 6 September 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-178-every-work-that-is-eligible-for-copyright-in-nigeria-is-conferred-copyright-even-without-a-registration/[4] > accessed 16
November 2020.
#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawOnBeatFm
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge
Speak with the writer, ask questions or make inquiries on this
topic or any other via onyekachi.umah@gmail.com,
info@LearnNigerianLaws.com or +2348037665878 (whatsapp).
To receive our free Daily Law Tips, join our free WhatsApp group
via the below link:
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Or our free Telegram group, via the below link:
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To keep up to date on all our free legal awareness projects,
follow us via:
Facebook Page:@LearnNigerianLaws,
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@LearnNigeriaLaw
Please share this publication for free till it gets to those
that need it most. Save a Nigerian today! NOTE: Sharing, modifying
or publishing this publication without giving credit to Onyekachi
Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of
copyright and will be prosecuted.
This publication is the writer’s view not a legal advice and
does not create any form of relationship. You may reach the writer
for more information.
Powered by www.LearnNigerianLaws.com {A Free Law Awareness
Program of Sabi Law Foundation, supported by the law firm of
Bezaleel Chambers International (BCI).}
Daily Law Tips (Tip 697) by Onyekachi Umah, Esq., LL.M,
ACIArb(UK)
Introduction:
Like any other property, intellectual property is a great asset. A
man’s trading name can be worth more than his landed property. By
the way, “Intellectual Property” is a collection of creations of
human minds, which includes Copyrights, Trademarks, Patents,
Industrial Designs, Geographical Indications and Trade Secrets.
Intellectual Property is everything a bankable property like
shares, lands, commodities and forex.
Just like land allocations in Nigeria exist for a certain period
of time (often for 99 years), intellectual properties have various
validity durations. This work will expose the various validity
periods of intellectual properties in Nigeria, like Copyrights,
Trademarks, Patents and Industrial Designs.
Classes of Intellectual Properties.
“Copyright” covers literary and artistic works like books, music,
paintings, sculpture and films, to computer programs, databases,
advertisements, maps and technical drawings. Copyright is a
governed in Nigeria by the COPYRIGHT ACT, 1988.
“Patent” is a protection given to inventors for their works,
giving them right to determine who uses their work and how, while
the technical information on the invention is made public by the
inventor. The law that regulates patent in Nigeria is the PATENTS
AND DESIGNS ACT, 1971.
“Industrial Designs” cover the combination of lines or colours
or both, and any three- dimensional form, intended to be used as a
model/pattern to be multiplied by industrial process. Industrial
designs is regulated by a federal law, the PATENTS AND DESIGNS ACT,
1971.
“Trademark” is a distinctive sign, mark, symbol or indicator
which distinguishes goods and services of an enterprise
(individual, company) or any legal entity from those of others in a
given class. It could be in the form of words, letters, numbers,
drawings, shapes, labels, colours, pictures or combination of all
or some of the above elements. Trade mark is an intellectual
property that is registrable under the law and protected by the
law. An unauthorised use of a trademark is actionable in law. In
Nigeria, trademarks are protected under the TRADE MARKS ACT,
1967.
Effect and Duration of Registration:
Below are the four common intellectual properties and their various
effects and durations in Nigeria.
Copyrights:
Ownership, Use & Transfer of literary works, musical works,
artistic works, cinematograph works, sound recording and broadcasts
of businesses. Natural registration and deliberate notification.
Lasts for 70 years for literary, musical and artistic works apart
from photos. Then, lasts for 50 years for cinematograph films,
photographs, sound recordings and broadcasts.
Industrial Designs:
Ownership, Use & Transfer of any new combination of lines or
colours or both, and any three- dimensional form, intended to be
used as a model/pattern to be multiplied by industrial process.
Certificate lasts for 5 years and upon renewal for another term of
10 years.
Patents:
Ownership, Use & Transfer of new Inventions, discoveries, products
and processes. Registration lasts for 20 years without an option of
renewal.
Trademark:
Use & Transfer of distinctive names, words, colours, logos, crests,
flags, badges, symbols, pictures, shapes, signs, patterns,
formations, processes, drawings or combination of all or some of
the above elements of businesses. Registration lasts for 7 years
after registration. Subsequently, lasts for terms 14 years after
each renewal.
Conclusion and Recommendation:
Intellectual Property is an asset. It is wise to always register
them, renew them and keep them safe at all times.
My authorities, are:
1. Sections 1, 2, 3, 16, 318 and 319 of the Constitution of Federal
Republic of Nigeria, 1999.
2. Sections 1, 2, 5, 6 and 24 of Copyright Act, 1988.
3. Section 1, 2, 3, 22 and 23 of the Trademark Act, 1967
4. Section 1, 2, 3, 6, 7, 12, 13, 14, 15 and 20 of the Patent and
Designs Act, 1971.
5. Onyekachi Umah, “Registration of Trademarks In Nigeria”
(LearnNigrianLaws.com, 11 March 2016)
<https://learnnigerianlaws.com/registration-of-trade-marks/>
accessed 16 November 2020.
6. Onyekachi Umah, “Nigerian Businesses and the Need for Corporate,
Copyrights, Trade Marks, Industrial Designs and Patents
Registrations” (LearnNigerianLaws.com, 19 July 2018)
<https://learnnigerianlaws.com/wp-content/uploads/2018/07/Nigerian_Businesses_and_the_Need_for_Corporate_Copyrights_Trade_Marks_Industrial_Designs_and_Patents.pdf[1] >
accessed 16 November 2020.
7. Onyekachi Umah, “Copyright, Trademark, Industrial Designs &
Patent Registration; Prospects For Lawyers In Nigeria”
(LearnNigerianaws.com, 30 July 2018) <https://learnnigerianlaws.com/copyright-trademark-industrial-designs-patent-registration-prospects-for-lawyers-in-nigeria-pdf/[2] >
accessed 16 November 2020
8. Onyekachi Umah, “Duration of Copyrights In Nigeria”
(LearnNigerianLaws.com, 4 October 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-198-duration-of-copyrights-in-nigeria/[3]
> accessed 16 November 2020.
9. Onyekachi Umah, “Every Work That Is Eligible For Copyright In
Nigeria Is Conferred Copyright Even Without A Registration”
(LearnNigerianLaws.com, 6 September 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-178-every-work-that-is-eligible-for-copyright-in-nigeria-is-conferred-copyright-even-without-a-registration/[4] > accessed 16
November 2020.
#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawOnBeatFm
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge
Speak with the writer, ask questions or make inquiries on this
topic or any other via onyekachi.umah@gmail.com,
info@LearnNigerianLaws.com or +2348037665878 (whatsapp).
To receive our free Daily Law Tips, join our free WhatsApp group
via the below link:
https://chat.whatsapp.com/Drc0UK3ba10KnuR8zuPMwl
Or our free Telegram group, via the below link:
https://t.me/LearnNigerianLaws
To keep up to date on all our free legal awareness projects,
follow us via:
Facebook Page:@LearnNigerianLaws,
Instagram: @LearnNigerianLaws and Twitter:
@LearnNigeriaLaw
Please share this publication for free till it gets to those
that need it most. Save a Nigerian today! NOTE: Sharing, modifying
or publishing this publication without giving credit to Onyekachi
Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of
copyright and will be prosecuted.
This publication is the writer’s view not a legal advice and
does not create any form of relationship. You may reach the writer
for more information.
Powered by www.LearnNigerianLaws.com {A Free Law Awareness
Program of Sabi Law Foundation, supported by the law firm of
Bezaleel Chambers International (BCI).}