WHAT THEN IS INTELLECTUAL PROPERTY: It refers to a category of properties that includes intangible creators of human intellect. A creation of the human mind makes it one of the most valuable assets. As an owner of such an idea, it becomes ones responsibility to priorities it by adequately protecting it from intellectual theft.
Intellectual property includes patents, trademark, copyright, and trade secrets, among others. It sets your business apart from others. Examples are inventions, artistic works, designs, symbols, names, and images used in commerce. For instance, the name SOARING EAGLES ATTORNEYS and its TRADEMARKS are its intellectual property. These were not only chosen. We have also taken a step further to register it with the appropriate authority. The implication is that no one else could legally use the name and its intellectual properties.
TYPES OF INTELLECTUAL PROPERTY AND INTELLECTUAL THEFT.
PATENTS: These are exclusive rights granted to inventors, a special permission slip issued for your business idea or invention which gives you exclusive right to use, or sell your idea for a certain number of years usually, twenty years (20). This helps you to protect your ideas from being stolen or copied. It also helps to stop others from using your idea without permission. It can also help your business stand out from competitors and build trust and credibility with your consumers. Patent infringement or theft occurs when someone else uses your patented invention without permission. Below are classifications of patent:
i. Pharmaceuticals: One common area of patent infringement in Nigeria involves pharmaceutical companies. If a local or foreign company manufactures or imports a generic version of a patented drug without the consent of the patent holder, it constitutes infringement. For instance, if a Nigerian company produces a drug that is still under patent protection without a license and or permission from the patent holder, this would be a clear case of infringement and the person who had infringed on the right of other is liable to pay damages for the encroachment if the rightful owner of the patent decides to seek redress in law court.
ii. Technology and Consumer Goods: With the growth of technology and innovation in Nigeria, there are potential cases of patent infringement involving consumer electronics or software. For example, if a local company produces or imports smartphones that use patented technology without obtaining a license from the patent owner, it would also be considered an infringement.
iii. Agricultural Products and Processes: Nigeria has a significant agricultural sector, and patent infringement could occur in relation to patented seeds, plant varieties, or agricultural machinery. If a farmer or a company uses patented seeds or farming technology without the proper authorization, this would amount to patent infringement.
iv. Industrial Equipment and Manufacturing Processes: If a Nigerian company uses a patented manufacturing process or equipment without the patent owner’s permission, this could be a case of infringement. For example, using a patented machine design to manufacture products without authorization could lead to legal action against the party who had acted without permission.
v. Energy and Natural Resources: Patent infringement can also occur in the energy sector, especially with innovations related to oil and gas extraction and processing. If a company uses a patented method for drilling or refining without the patent owner’s consent, it would constitute an infringement.
Legal Framework and Enforcement of Intellectual Property Theft. Although, diverse laws regulates intellectual property in Nigeria, the legal framework that is specifically established to serve as the watchdog for patents is the Patents and Designs Act1970 Cap P2 LFN, 2004 and Nigerian Copyright Commission Act (Amended) 1999.
Howbeit, the enforcement of patent rights can be challenging due to factors such as the cost of litigation, limited awareness of intellectual property rights, illitracy, and sometimes, lack of strong enforcement mechanisms. Patent holders can seek redress through the courts, while remedies may include injunctions, damages, or orders for the destruction of infringing goods in deserving cases.
- TRADEMARK: A Trademark is a unique sign, symbol, word, phrase, logo or design that helps identify a business or product and distinguishes it from others in the market; this is another way of protecting your brand identity and reputation. Registration of trademark enables you to have exclusive rights while it prevents others from using anything akin to such a mark, which can translate to confusion to consumers and / or service users. Trademark infringement occurs when someone uses your sign, symbol, logo, etc. without authorization.
- COPYRIGHTS: The primary objective is to protect the rights of authors to ensure just rewards and recognition for their intellectual efforts; see section 1 (1) of the Copyright Act. This gives the creator of an art the exclusive legal right to reproduce work, perform, or display a work in public. Copyright protection only lasts for a number of years, and this can be between 50-100 years, depending on circumstances.
Whilst It’s noteworthy that copyright protects expression and not ideas, the design must be original and fixed. It must be in a tangible form.
However, it is important to note that not all works are eligible for copyright. Section 2 (1) of the Copyright Act provides: (1) Subject to this Act, the following works shall be eligible for copyright
(a) literary works;
(b) musical works;
(c) artistic works;
(d) audio-visual works;
(e) sound recordings; and
(f) broadcasts. - TRADE SECRET: This is confidential and valuable information used by business owners that are not publicly known, which is used in business to gain an advantage over other business owners. Trade secret must be confidential and not publicly known, have economic value due to its secrecy, and be subject to reasonable measures to maintain its secrecy. Note that trade secret is protected under the Trade Secret Acts and, if used by someone other than the owner and / or does not have the authority to so do, can lead to legal actions. Trade Secret Misappropriation is another form of Intellectual Property Theft in which someone else trade secrets are stolen or used without permission. LAWS THAT REGULATE INTELLECTUAL PROPERTY THEFT.
The following are laws that help to regulate Intellectual Property Theft in Nigeria:
Patent and Design Act as [amended] 2022
Trademark Act 1990
Copyright Act 2022
Business Facilitation Act 2022
The Federal High Court Act [1973]
The National Office for Technology Acquisition and Promotion Act [1989].
IMPORTANCE OF INTELLECTUAL PROPERTY [IP]
Protection of Creative Works: IP Laws helps to safeguard original creations; this includes literature, music, art, and inventions.
Encouraging Innovation: IP incentivizes innovation, research, and development by granting exclusive rights.
Commercialization: It allows creators to profit from their work through licensing, sales, and royalties.
Brand Identity: IP helps to establish and protect brand recognition.
Protect Consumer Interest: IP helps to ensure product quality, safety, and authenticity.
HOW DO YOU PROTECT YOUR BUSINESS FROM INTELLECTUAL PROPERTY THEFT, AND IMPORTANCE OF LEGAL PRATICTIONER IN YOUR BUSINESS.
There are several legal means through which you can protect your business from Intellectualproperty, once you are able to understand what it means and the need to protect your business from theft, it is to:
Consult with a lawyer who will help you and educate you on your rights and available options in this regard.
Your lawyer helps you to register your business name, trademarks, patents, and copyright to establish legal ownership and to avoid mistakes.
It is often advised that you use Non- Disclosure agreements [NDAs] and confidentiality contracts to protect sensitive information.
Contact a lawyer to pursue litigation in case of an infringement and, if possible, enforce injunctive relief, which will help you stop an ongoing infringement.
Should you have further enquiries on the above or other related subjects, please do not hesitate to reach out to us.
