PROTECTING YOUR INTELLECTUAL PROPERTY (IP)

(Ugo spots Tunde  walking towards the popular Bar, ‘THE PLACE’ down the road, both sits down and exchange pleasantries)

Tunde: hey man! How have you been? You have been scarce lately.

Ugo: My brother, I have been good oh, it’s just that work, has been really taking my time, I hope say you dey ok too?

Tunde: yea1 I am fine, been working on a project sha (while he picks up and opens a magazine) come, isn’t this the pictures you shot for NZ Clothings the other day? (he tries to pass the magazine to Ugo)

Ugo: (surprised and shocked) are you for real? so they published this and never gave me credits for my works? I think I need to call my Lawyer, TK magazine must rot jail (picks up his phone and dials his Lawyers’ number)

Tunde: jail? Relax man! is there even a crime like this Nigeria?

Ugo: well we are about to find out… Hello Lawyer? How are you? (Ugo explains the situation to his Lawyer)

Lawyer: Ugo, your intellectual property rights have been infringed.

Ugo: Intellectual property rights? What is that?

Lawyer: Intellectual property rights gives the legal and exclusive rights to your ideas. However, these ideas must have been expressed or codified in a tangible form. These ideas, creative works, products, inventions, etc need to be protected for reasons. The World Intellectual Property Organization (WIPO), defined Intellectual Property, as the creation of the mind such as inventions; literary and artistic works; symbols, names, images, and designs used in commerce. Simply put, Intellectual Property is all about when a person decides to treat an idea, creation, or work as a valuable business.  

Why you should protect your intellectual property.

Protecting what is yours (idea, work, product, etc) is very necessary because:

1. As the author/owner, you can make money by selling it to another.
2. It protects your work against any infringement or undue advantage by others
3. It distinguishes your idea or work.
4. You can also earn royalties by licensing it.
5. etc

Forms of intellectual property?

For the purposes of this write-up, we shall be focusing on four (4) Primary forms of Intellectual Property in Nigeria;

1. Copyright
2. Patent
3. Trademarks
4. Industrial design

COPYRIGHT – This form of Intellectual Property gives the creator of a work, the exclusive right to use, distribute, control, or perform publicly. Copyright is governed by the Copyright Act, 2004 in Nigeria. Categories of works which a copyright will protect includes:

• Musical works
• Literary works
• Artistic works
• Sound recordings
• Etc

It should be noted however that:

1. Copyright only protects the expression of an idea, not just the idea itself or ‘mere thoughts in your head’’. 
2. In Nigeria, you do not need to register your Copyright. As soon as the work is created, it becomes copyrightable.
3. Copyrights in films and photographs last 50 years after the end of the year in which it was first published
4. Copyrights in musical, literary or artistic works lasts until 70 years after the year in which the owner dies
5. Copyrights in sound recording lasts 50 years after the recording was first published

PATENTS – This protects original inventions. It is a right that grants inventors the exclusive rights to make, use, or sell. A registered patent is valid for 20 years. This is governed by the Patents and Designs Act, 2004.

TRADEMARK – In simple terms, this means a mark, name, or logo that differentiates one brand from the other. Benefits of trademark? 

• It is exclusively yours. you own it
• You can licence it
• You can transfer it
• You can sue for infringement and get damages

INDUSTRIAL DESIGNS- this form of Intellectual Property simply protects the appearance of a product. You can only make a legal claim of ownership if you register your design. By doing so, you have the legal right to stop other brands from making your design. The registration of a design lasts for 15 years.

CONCLUSION

Ugo: thank you sir, I really appreciate you for this

Lawyer: you are welcome! you could come to my office at 10am tomorrow, so we get to look at the possible legal actions to take against TK Magazine, okay?

Ugo: very well then, I will be at your place by 10 am. See you soon sir. Bye.