Intellectual property (IP) is the creation of the human mind. It is the intangible property of human creation. IP law is the branch of law that protects and regulates the rights of IP owners and users.
In Nigeria, there are three main laws that govern IP: the Copyrights Act, the Patents and Designs Act, and the Trademarks Act.
Copyright protects original and fixed works such as literary works, musical works, artistic works, films, sound recordings, and broadcasts. It gives the owner the exclusive right to control how it is used by others. It also protects related or neighboring rights of individuals who help intellectual creators to communicate and distribute their works to the public. Copyright lasts for 70 years after the death of the author for most works, and for 50 years after making for some works.
Patent protects new, inventive, and industrially applicable inventions. It gives the owner the exclusive right to make, use, or sell the invention for a limited period of time. It does not protect scientific theories, mathematical methods, plant or animal varieties, or methods of medical treatment. Patent lasts for 20 years from the date of filing the application.
Trademark protects distinctive signs that distinguish the goods or services of one person from those of others. It gives the owner the exclusive right to use the sign in relation to the goods or services. It does not protect generic terms, descriptive terms, geographical names, or surnames. Trademark lasts for seven years from the date of registration and can be renewed indefinitely.
The Nigerian Copyright Commission, the Patents Registry, and the Trademarks Registry are the bodies responsible for IP matters in Nigeria. They provide registration and certification services for IP owners.
Post written by IREOLUWATOMIWA