Beginner's guide to intellectual property
According to the World Intellectual Property Organisation (WIPO), intellectual property refers to creation of the mind—everything from works of art to inventions, computer programs to trademarks and other commercial signs. It goes without saying that all tangible and intangible inventions of the human mind and intellect are considered human assets. Essentially, an owner of intellectual property known as the "creative" is allowed to fair use and enjoyment of his or her product without interference or theft by others. Modern endeavours to protect intellectual property through international law began with the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886).
The IP system is fundamentally designed to encourage an atmosphere conducive to creativity and innovation, which is why it plays such an important role in each country's development. Article 27 of the Universal Declaration of Human Rights (UDHR) protects intellectual property rights by stating that "Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts, and to share in scientific advancement and its benefits." This essential article is included in Chapter IV of the Federal Republic of Nigeria's 1999 Constitution (as amended).
Categories of Intellectual Property
Intellectual property is often divided into two broad categories:
- Industrial property: includes patents for inventions, industrial designs, trademarks, and geographical indications.
- Copyright and related rights: cover literary, artistic, and scientific works, including performances and broadcasts.
From the foregoing categories, the forms of intellectual property include:
- Patents
- Industrial design
- Trademarks
- Geographical indications
- Trade secrets
- Copyright
PATENTS
Patents were among the first forms of intellectual property to be recognised in modern legal systems. According to the World Intellectual Property Organisation (WIPO), a patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something or offers a new technical solution to a problem. It is therefore a right granted by the government to the innovators to create, use, sell, industrial production, and import. It prevents others from doing the same without seeking prior consent within the boundaries of the nation.
The rationale for patent protection is to confer protection and recognition on the outcome of inventive works in a variety of fields useful to human existence and progress; it also provides a means of stimulating technological development and serves as an important source of technological information. It should be highlighted, however, that despite the patent regime's existence for several decades, certain developing countries, including Nigeria, have yet to catch up in terms of scientific and technological competence and creativity, as indicated by the country's low patenting activity. To be eligible for patent protection, an invention must have a practical use, be novel, not fall within any existing body of knowledge, and not fall under non-patentable subject matter.
INDUSTRIAL DESIGNS
An industrial design constitutes the ornamental or aesthetic aspect of an article. According to the Patents and Designs Act, any combination of lines or colours or both and any three-dimensional form, whether or not associated with colours, is an industrial design 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 issue. Industrial design rights entitle the right holder to control the commercial production, importation, and sale of products with the protected design. In principle, the owner of a registered industrial design or a design patent has the right to prohibit third parties from producing, selling, or importing articles bearing or embodying a design that is a copy, or substantially a copy, of the protected design, when such acts are carried out for commercial purposes.Industrial designs are used on a wide range of industrial and handicraft products, including packaging and containers, furniture and household goods, lighting equipment, jewellery, electronic gadgets, and textiles. Industrial designs may also apply to graphic symbols, graphical user interfaces (GUIs), and logos.
TRADEMARKS
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.The history of marks is as old as the history of mankind and religion, as historically, marks are often used for personal or historical purposes rather than for commercial purposes, as we have marks such as the “potters mark” used in Greek and Roman times to identify the maker of Potter or a vessel.
The modern-day trademark dates back to ancient times when artisans would mark their products with unique symbols to identify the source of the goods and distinguish them from those of competitors. This is important to safeguard fairness and justice, as persons should not be allowed to reap where they did not sow, e.g., by adopting the traders’ mark, a person is taking advantage of the goodwill generated by or existing in the mark. Trademarks are an important type of intellectual property since they aid in the identification and differentiation of property, the indicator of quality, the means of advertising goods and services, and as a vehicle for investment/innovation.
GEOGRAPHICAL INDICATIONS
Geographical indications (GIs) are a category of intellectual property that identifies a product as originating from a specific place where a given quality, reputation, or other characteristic is essentially attributable to its geographical origin. This category of intellectual property is particularly relevant for agricultural products, foodstuffs, wines, and spirits, but can also extend to manufactured goods.
The primary objective of geographical indications is to prevent improper use or replication of the product's name, ensuring that consumers obtain products that are truly from the designated location and have the related associated features. This protection helps to preserve traditional techniques of manufacturing, supports local economies, and protects customers from fraudulent product claims.
TRADE SECRETS
Trade secrets are intellectual property rights on confidential information that may be sold or licensed. Generally speaking, for knowledge to be considered a trade secret, it must be commercially important due to its secrecy, limited public knowledge, and susceptibility to reasonable measures taken by the information's rightful owner to maintain its confidentiality. It is considered an unfair practice and a breach of trade secret protection when someone else obtains, uses, or discloses such confidential information without authorisation or in a way that goes against ethical business practices. However, if someone independently produced or obtained the same technical or commercial information through their own research and development, reverse engineering, marketing analysis, etc., they are not able to prevent others from using it because trade secrets are not made public; unlike patents, they do not give "defensive" protection, such as prior art.
COPYRIGHT
Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. This protection covers a wide range of creative outputs, including literary works, music, films, art, and software. The core purpose of copyright is to encourage creativity and innovation by allowing creators to control the use and distribution of their works. Under copyright, there are two kinds of rights: the moral rights, which safeguard the author's non-commercial interests, and the economic rights, which enable the right holder to profit monetarily when others utilise their creations. Together, these rights are instrumental in ensuring that creators can manage their intellectual property effectively while also providing a framework through which they can benefit economically from their creative endeavors. By balancing these protections, copyright serves both to incentivise ongoing artistic and intellectual contributions and to uphold the creators' personal and professional interests.
CONCLUSION
Intellectual property rights are critical to creating an environment that encourages creativity and innovation across multiple domains. These rights not only preserve the concrete and intangible outputs of human inventiveness, but they also play an important role in ensuring that creators and innovators are recognised and compensated. As we traverse the intricacies of the digital age, where the risk of IP theft and misuse grows, it becomes increasingly important to enact and enforce strict intellectual property regulations. Such policies are critical not just for safeguarding a country's intellectual property but also for fostering sustainable growth and technological advancement. Securing these rights creates a framework that supports continual invention and creativity, eventually contributing to the larger growth of society.
