INTRODUCTION
Coca-Cola, Nike shoes, Apple, McDonald’s Big Mac, Mavin Records, etc.,- they all sound familiar, and when their products or works are seen, described, or heard, it’s very easy for you to differentiate them from other products or works that may be in the same niche as them. All these products above-mentioned, through intellectual property have had their exclusive intellectual rights protected.
Intellectual property (or IP) protects the rights of creatives and innovators. Intellectual property law is a flexible area of law as it cuts across diverse sectors ranging from entertainment sectors, fashion sectors, business sectors, and tourism, and so on.
This article examines and satisfies your curiosity about the basics of intellectual property law and its different categories, which are interdependent.
THE CATEGORIES OF INTELLECTUAL PROPERTY
Intellectual property refers to creations or innovations of the human intellect that are a non-physical form of property. Thus, intellectual property is an intangible asset owned by an individual or company, granting them an exclusive right to such assets.
Intellectual property law protects the intellectual property and its rights of an originator of innovations and ideas. It seeks to find a balance between the interests of innovators and the wider public interest.
The categories of IP include: Patent, Copyright, Trademark, Trade secrets and Industrial Designs.
1. PATENT:
As defined by the U.S. Patent and Trademark Office (USPTO), a patent is a type of limited-duration protection that can be used to protect inventions (or discoveries) that are new, non-obvious, and useful, such as a new process, machine, article of manufacture, or composition of matter.
This grants sole right to an inventor, usually for a particular number of years (20 years), from the date of filing to produce, utilize, or commercialize an invention. Thus, this confers a legal right to exclude third parties from manufacturing, using, or selling an invention. During the period of 20 years, the patent owner can take legal action against anyone who infringes on such rights, and can grant permission to others to use the invention in exchange for royalties or other forms of compensation.
A patent is granted by the government in return for their agreements to share with the public details of their inventions. After the duration of 20 years, a patent expires and cannot be renewed.
The Patents and Designs Act, 2004 is the major law that relates to patents in Nigeria. Section 1(1) of this Act provides for patentable inventions.
For an invention to be patentable:
- It should be a new invention or improve on an existing one.
- It must result from an inventive activity.
- It is capable of industrial activity.
However, some inventions are non-patentable. They include:
- Works of literary, dramatic, musical nature,
- Scientific discoveries and principles;
- Medical diagnosis and treatment techniques; etc.
2. COPYRIGHT
This describes the rights creators have over literary and artistic works. Copyright protects the original works of authors as soon as they are in a tangible form. Works covered by copyrights include: books, paintings, music, sculptures, films, maps, advertisements, etc.
Copyrights are conferred automatically once you create something original that is yours.
The duration of copyright protection differs depending on the category of work.
In literary, musical, and artistic works (excluding photographs), copyrights last for 70 years from the end of the year in which the author dies, and where the author is a government or a body corporate, 70 years after the end of the year in which the work was first published.
In cinematograph films and photographs, copyrights last for 50 years after the end of the year in which the work was first published. Copyright protection for broadcasts and sound recordings lasts for 50 years after the end of the year in which the broadcast or the recording was first published.
For works made for hire, anonymous and pseudonymous works, the copyright term is either 95 years from the year of first publication or 120 years from the year of creation, whichever expires first.
When the term of protection for a copyrighted work expires, the work enters the public domain.
However, if the work was created before 1978, the term of copyright protection may be different.
The Copyright Act, 2022 is the major law that relates to copyright. Section 1(1) of this Act provides for works eligible for copyright. They include:
(a) Literary works;
(b) Musical works;
(c) Artistic works;
(d) Cinematograph works;
(e) Sound recording; and
(f) Broadcasts.
Today, computer software and architecture are also protected by copyright.
3. TRADEMARKS
A trademark is a word, phrase, logo, symbol, picture, and/or design that identifies and distinguishes the goods or products of one party from those of others.
A trademark owner is to ensure he doesn’t infringe upon the existing trademarks of others.
The Trade Marks Act is the major law that relates to trademarks in Nigeria.
Trademarks can be registered, giving their owners an exclusive right to their sole use.
However, in the context of an unregistered trademark, a trademark owner can only pursue a legal action of passing off and not a violation of the Trade Marks Act.
The registration of a trademark is valid for a period of 7 years, and it is subject to renewals of 14 years.
Unlike patents and copyrights, trademarks do not expire, and they persist as long as the owner continues to use the trademark.
For registration purposes, the Act divides the trademark register into two parts: Part A and Part B. This is provided for in Sections 9 and 10 of the Act.
4. TRADE SECRETS
Trade secrets are confidential business information that gives the company an edge over competitors in its marketplace. They include methods, formulas, ingredients, practices, processes, etc.
Unlike patents, copyrights, and trademarks, trade secrets cannot be formally registered as they are incredibly valuable to your business. Thus, the person, business, or entity with trade secrets must keep them secret.
In general, to qualify as a trade secret, the information must be: commercially valuable, disclosed only to a limited group of persons, and subject to reasonable steps taken by the rightful holder of the information to keep it secret, including the use of non-disclosure agreements for business partners and employees.
5. INDUSTRIAL DESIGN
This is an original design process of products to be manufactured by mass production. Industrial designers pay more attention to the physical appearance, functionality, and manufacturability of a product.
Industrial design is distinct from other IP as it seeks to protect only the physical aspects of a design.
The Patent and Design Act also governs industrial designs in Nigeria.
Generally, industrial design is protected by registration with the Nigerian Patents and Design Registry.
The validity term of Industrial Design registration is 5 years, and can be renewed further for two consecutive periods of five years each, for a total of 15 years.
CONCLUSION.
In conclusion, it’s evident that IP is essential and relevant in the 21st century. This ensures creatives and innovators do not infringe on the exclusive rights of others with respect to IP law. In as much as the various categories are interdependent because they all ensure protection of different aspects of intellectual creativity, each category independently plays a crucial role.
REFERENCES
Patents and Designs Act, 2004
Copyright Acts 2022
Trade Mark Act
World Intellectual Property Organization
What is a patent? Swiss Federal Institute of Intellectual Property. https://www.ige.ch/en/protecting-your-ip/patents/patent-basics/what-is-a-patent (Accessed: 27 August 2024).
Long, M. (2024): What are the 4 types of intellectual property rights? BrewerLong. https://brewerlong.com/information/business-law/four-types-of-intellectual-property/ (Accessed: 27 August 2024).
