WHAT IS INTELLECTUAL PROPERTY?
The word ‘intellectual’ is derived from the old French word ‘intellectuel’ meaning ‘grasped from understanding’ and directly from the Latin word ‘intellectualis’ meaning ‘relating to understanding’.[1]Intellectual property is defined as a right conferred by law on human innovators and creators and even entrepreneurs, to protect the fruits or products of their intellects, their innovative and creative efforts, and their commercial reputation and goodwill[2]. Intellectual properties are fruits of the intellect. Intellectual property is an intangible asset in the sense that the rights are not one of physical attributes; they cannot be seen or touched. It gives creators the right to exploit and profit off the works of their intellects or minds.
The World Intellectual Property Organization (WIPO) defines intellectual property as the legal rights that result from intellectual activity in the industrial, scientific, literary, and artistic fields.[3] Intellectual property law exists to protect creators of intellectual property.
TYPES OF INTELLECTUAL PROPERTY RIGHTS
The following are the types of Intellectual Property rights:
COPYRIGHT
The Nigerian Copyright Act[4] does not define copyright. Copyright is a form of intellectual property law. [5]Copyright is a legal term describing ownership or control of the rights to the use and distribution of certain works of creative expression, including books, videos, motion pictures, musical compositions, and computer programs.[6] It grants exclusive rights to the owner to enable them to control how their work can be utilised. The U.S. Copyright office[7] defines copyright as a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. According to the USPTO[8]Copyright protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, and songs.[9] The Nigerian Copyright Act 2022 is the governing law on copyrights in Nigeria.
PATENT
According to WIPO[10], 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. A patent is an Intellectual Property right granted to protect a new invention or improvement of an existing invention.[11] Cambridge Dictionary describes a patent as the official legal right to make or sell an invention for a particular number of years[12]. Governments grant patents to inventors to enable inventors to profit from their innovations.[13] It grants monopoly rights that exclude others from producing such inventions for a limited period. After this period elapses, it becomes available to the general public and can be further developed by anyone subsequently. The objective of granting patents is as an incentive to encourage scientific and technological advancement in society. The Patent and Design Act of 1970[14] is the binding legislation on patents in Nigeria.
INDUSTRIAL DESIGN
Industrial designs refer to the shape, colour, and other aesthetic characteristics of industrially produced products.[15] Industrial design is the part of a product that is purely aesthetic or ornamental.[16] It relates strictly to aesthetics and not the functionality of the product and can be seen in all the basic articles that are utilised every day such as the shape of watches, bags, patterns on fabrics, clocks, pens, cups, and so on. A design is a pattern or representation that the eye can see and that can be applied to a manufactured article.[17] Industrial designs could be three-dimensional; in solid form rather than flat like cups, watches, and so on. It could also be two-dimensional which means it could be flat with no depth[18]. Instances of this include patterns, lines, and colours. The law protects the design of various products in acknowledgment of the efforts designers invest in the creation of aesthetic and ornamental designs of products. The Patent and Designs Act 1970 governs registration of Industrial Designs in Nigeria.
TRADEMARKS
A trademark is a mark or insignia used in the course of trade to distinguish the goods or services of one undertaking.[19] The Trade Marks Act 1965 defined trademarks as a mark used or proposed to be used about goods to indicate, or to indicate, a connection in the course of trade between the goods and some person having the right either as proprietor or as a registered user to use the mark, whether with or without any indication of the identity of that person.[20] A trademark must have a mark or inscription, the mark could be a name, device, branding, ticket, signature, label, letter, numeral, or a combination of these things.[21] The Trade Marks Act 1965 is the legislation guiding trademarks in Nigeria. For a mark to be registered it must be in use or intended to be used by the owner, this was held in John Batt & co v. Dunnet & Anor(1889) AC 428 where the English court established the principle that if a trader registers a trademark for one class of goods but only deals with one type of goods at the time of registration, the court may limit the registration to exclude other types of goods that the trader is not involved with.
[1] Douglas Harper ‘Intellectual’ Etymonline- online etymology dictionary September 2017 <input addy>accessed 5 March 2024
[2]Desmond Oriakhogba and Ifeoluwa Olubiyi, Intellectual Property Law in Nigeria; Emerging Trends, Theories and Practice (Paclerd Press Limited, 2021) 3
[3]World Intellectual Property Organization ‘What is Intellectual Property?’ WIPO January 2024 <https://www.wipo.int/about-ip/en/> accessed 26 February 2024
[4] Copyright Act 2022
[5] University of Melbourne ‘What is Copyright?’ The University of Melbourne Press <https://copyright.unimelb.edu.au/shared/basic-principles-of-copyright/what-is-copyright> accessed 26 February 2024
[6] Peter loshin and Robert Richardson ‘Copyright’ TechTarget December 2021 <https://www.techtarget.com/searchsecurity/definition/copyright> accessed 26 February 2024
[7] Ibid
[8] The United State Patent and Trademark Office
[9] US Copyright Office ‘Copyright in General’ Copright.gov <https://www.copyright.gov/help/faq/faq-general.html> accessed 26 February 2024
[10] WIPO ‘Patents’ WIPO <https://www.wipo.int/patents/en/#:~:text=What%20is%20a%20patent%3F,technical%20solution%20to%20a%20problem>. Accessed 26 February 2024
[11]Desmond Oriakhogba and Ifeoluwa Olubiyi, ‘Intellectual Property Law in Nigeria; Emerging Trends, Theories and Practice’ (Paclerd Press Limited, 2023) 277
[12] Cambridge ‘Cambridge International Dictionary of English’ Cambridge university press 6th edition 1995
[13] Peter Loshin and Robert Richardson ‘Copyright’ TechTarget December 2021 <https://www.techtarget.com/searchsecurity/definition/copyright> accessed 26 February 2024
[14] Patent and Design Act Cap. P2 L.F.N. 2004
[15]Desmond Oriakhogba and Ifeoluwa Olubiyi, ‘Intellectual Property Law in Nigeria; Emerging Trends, Theories and Practice’ (Paclerd Press Limited, 2023) 329
[16] Ibid
[17] Ibid
[18]Vocabulary.com "Two-dimensional." Vocabulary.com Dictionary, <https://www.vocabulary.com/dictionary/two-dimensional.> Accessed 05 Apr. 2024.
[19]Desmond Oriakhogba and Ifeoluwa Olubiyi, ‘Intellectual Property Law in Nigeria; Emerging Trends, Theories and Practice’ (Paclerd Press Limited, 2023) 350
[20] Trade Marks Act, Cap T13, Laws Of Federation of Nigeria, 2004 Section 67
[21] Trade Marks Act, Cap T13, Laws Of Federation of Nigeria, 2004 Section 67
