INTRODUCTION
“Property is in its nature timid and seeks protection, and nothing is more gratifying to the government than to become a protector” as rightly said by John C. Calhoun. Property, generally, is any item that a person or a business has legal title over such as houses, cars, or appliances,[1] however, property has extended beyond this meaning to cover intangible things and intellectual properties such as rights in music, artistic work, literary work, audiovisual, inventions, logo, slogan, and even product secrets all of which requires protection. The importance of protection of property cannot be overemphasized as it is a fundamental human right enshrined in and protected by the grundnorm – the Constitution of the Federal Republic of Nigeria 1999 (as amended).[2]
Intellectual Property refers to creations of the mind and innovations that originate from a person’s mental effort, such as inventions, literary and artistic work, design, symbols, names, and images used in commerce.[3] Intellectual Property (popularly known as IP) includes intangible creations of human intellect,[4] owned and legally protected by a company from outside use or implementation without consent.[5] As Mark Getty once said, “Intellectual Property is the oil of the 21st Century,” so must we harness and protect the oil as a source of energy, in form of encouragement for innovative and creative work, and as a source of revenue to the author or owner. Intellectual Property is a key aspect of economic development that requires ultimate protection. Nevertheless IP is globally regulated by the World Intellectual Property Organization (WIPO).
CLASSIFICATION OF INTELLECTUAL PROPERTY
Intellectual Property has the following classifications;[6]
1. Copyrights
2. Trademarks
3. Patents
4. Trade secrets
5. Registered Industrial Designs
6. Moral Right
COPYRIGHT
Copyright is a legal term used to describe the rights of an author of a creative work over their literary and artistic works.[7] Creative works such as books, music, paintings, sculptures, films, computer programs, databases, advertisements, maps, and technical drawings are covered by copyright. Copyright protection lasts for the lifetime of the author plus 50 years, and it may also extend to life plus 70 years.[8] Copyright consists of a bundle of rights that can be owned individually or commonly; it can be sold, inherited, licensed, subdivided, mortgaged and controlled. Copyright in Nigeria is primarily regulated by the Copyright Act 2022[9] and the Nigerian Copyright Commission. It is recognized by the symbol © Copyright.
TRADEMARKS
Trademarks are signs capable of distinguishing the goods or services of one enterprise from those of other enterprises[10] Trademarks can be words, phrases, designs, or even things such as scents and sounds that differentiate a particular product from another, they are used to indicate both the source and quality of merchandise.[11] Trademark registrations last for 10 years but can be renewed every 10 years. It is primarily regulated by The Trade Marks Act 1965 and the Trademarks, Patents, and Designs Registry of the Ministry of Industry Trade and Investments, Commercial Law Department. ™ means Trademark.
PATENTS
Patents are exclusive rights granted for an invention which provide the patent owner with right to decide how – or whether – the invention can be used by others.[12] It is the exclusive right to make or sell an invention. Patents apply to new and useful arts, process, machine, manufacture, or composition of matter, however, it must be novel, non-obvious, and have real-world value.[13] Patents are protected for 20 years. It is basically regulated by the Patent and Designs Act 1971 Cap 344 Laws of the Federation of Nigeria (LFN) 1990 and the Trademarks, Patents, and Designs Registry of the Ministry of Industry Trade and Investments, Commercial Law Department.
TRADE SECRETS
Trade secrets are intellectual property rights on confidential information which may be sold or licensed.[14] In its simple context, it is a restriction on employees or staff of a company from telling anyone the details of things that can easily be reverse engineered such as formula for drinks like Coca-Cola, recipes for food like Kentucky Fried Chicken etc.[15] Trade secrets are protected until the secret becomes public knowledge.
REGISTERED INDUSTRIAL DESIGNS
Industrial Design is the ornamental or aesthetic aspect of an article.[16] Industrial Designs are design elements of a product that are unrelated to its function, which could be three-dimensional features such as the shape or swirls on a bottle, or two-dimensional features like lines, patterns, or color. Registered Industrial Design is protected for 10 years without an option of renewal.
MORAL RIGHTS
Moral right is simply the right of the author of a work to be identified as the author. This is related to copyright, however, it is to ensure the author’s reputation is not diminished by the use of the work even after the fall of copyrighted work into public domain. While copyright can be assigned or licensed, moral right can be waived.
CONCLUSION
Intellectual Property are as valuable as the tangible property owned by individuals, companies, and body corporates. IP requires protection like every other owned property as it constitute private property and the protection of private property is a fundamental right protected in strong democracy.
REFERENCE
[1] Andrew Bloomenthal, ‘What is Property? Definition, Types, Valuation, and Taxation’ (Investopedia, 24 July 2024) https://www.investopedia.com/terms/p/property.asp accessed 28th August 2024
[2] CFRN 1999, s. 44
[3] World Intellectual Property Organization, ‘What is Intellectual Property?’ https://www.wipo.int/about-ip/en/ accessed 28th August 2024
[4] Wikipedia, ‘Intellectual Property’ https://en.m.wikipedia.org/wiki/Intellectual_property accessed 28th August 2024
[5] Will Kenton, ‘What is Intellectual Property and What are some types’ (Investopedia, 7 July 2024) https://www.investopedia.com/terms/i/intellectualproperty.asp accessed 28th August 2024
[6] David Canton, ‘6 Important types of Intellectual Property’ (Harrison Pensa, 20 April 2022) https://www.harrisonpensa.com/6-important-types-of-intellectual-property/ accessed 28th August 2024
[7] Supra, see footnote 3.
[8] Supra, see footnote 6.
[9] World Intellectual Property Organization, ‘Nigeria Passes New Copyright Act 2022’ (WIPO, 12 May 2023) https://www.wipo.int/about-wipo/en/offices/nigeria/news/2023/news_0011.html accessed 28th August 2024
[10] Ibid, footnote 7.
[11] Ibid, footnote 8.
[12] Ibid, footnote 7.
[13] Supra, see footnote 6.
[14] Supra, see footnote 3.
[15] O. M. Atoyebi, SAN FCIARB. (UK), ‘The Protection of Trade Secrets and Confidential Information in Nigeria’ (Omaplex Law Firm, 28 June 2024) https://omaplex.com.ng/the-protection-of-trade-secrets-and-confidential-information-in-nigeria/ accessed 28th August 2024.
[16] Ibid, footnote 14
