03 Jan

IP 2.1 INTRODUCTION OT THE LAW OF PATENT

THE LAW OF PATENT. :: Definition: The law of patent is a branch of industrial property law. :: For the purpose of this subject, industrial property law entails: Trademark (dealing with identification of products), Industrial design (the aesthetics and appearance of a product), Patent (Dealing with new inventions and how they function). :: A patent […]

03 Jan

IP 2.2 REGISTRATION OF PATENT IN NIGERIA

PATENTABLE INVENTIONS. Not all inventions can be patentable. We take it one by one: WHAT IS AN INVENTION? Not defined in the act.  There is no all-encompassing definition. An invention can ordinarily be seen as a thing which a person creates. It has been defined as “a step forward in an art”. To “invent” (according […]

03 Jan

IP 2.3 PATENT RIGHTS AND DURATION

RIGHTS CONFERRED BY PATENT. By Section 6(1) NO PERSON (except the patentee) can make/reproduce, sell, stock (for the purpose of sale or use) or apply (in the case of a process) the invention or process. The scope of protection shall be determined by the terms of the claims and description provided by the patentee-Section 6(2). […]

03 Jan

IP 2.4 NULLITY OF PATENTS

NULLITY OF PATENTS. Section 9(1) A person with locus standi (sufficiently affected/concerned) may petition that the patent be declared a nullity: Where the subject of the patent is not patentable under Section 1 of the act (newness, inventive activity and capable of industrial application). Where description of the invention is not adequate in accordance with […]

03 Jan

IP 2.5 INTRODUCTION TO INDUSTRIAL DESIGNS

INDUSTRIAL DESIGNS. The law of industrial design protects the aesthetics and appearance of a product. The beauty and appearance of a product can determine its marketability. Protection is usually granted for 5 years. After the expiration of the first 5 years, it is renewable every year. Benefits of industrial design. It rewards and encourages aesthetic […]

03 Jan

IP 2.6 REQUIREMENT FOR REGISTRATION OF DESIGNS

REQUIREMENTS FOR REGISTRATION OF DESIGN. By Section 13 of the Patents and Designs Act 1970, the design must: Be new. Not be contrary to public order or morality. The requirement of newness. The universal standard of newness must be satisfied… it must not have been published anywhere before the date of application. Section 13 (3). […]

03 Jan

IP 2.7 REGISTRATION OF INDUSTRIAL DESIGNS

RIGHT TO REGISTRATION Section 14 (1) vests the right to registration on the statutory creator not necessarily the true creator of the work. The statutory creator is the first to file or validly to claim a foreign priority. However, Section 14(2) provides: The true creator is entitled to be named as such. Where application is […]

03 Jan

IP 2.8 COMPULSORY LICENSE (PATENT AND DESIGNS)

INVOLUNTARY LICENSE/EXPLOITATION/COMPULSORY LICENCES.  Section 11 PDA. Compulsory licence is also supported under the Agreement on Trade-Related Aspects of Intellectual Property Rights 1994 (TRIPS). Check out this situation: Chima has found a cure to Ebola through the use of his anti-viral machine (AVM) after taking the anti-vitral drug (AVD). This is impressive and he was granted […]

03 Jan

IP 2.9 INTRODUCTION TO THE LAW OF TRADEMARKS

THE LAW OF TRADEMARKS. A trademark identifies and distinguishes a person’s goods from others in the market. Trademark traces the origin of goods. It guarantees that goods bearing the mark are of superior quality. For example; it is arguable that name is what makes Peak milk more expensive than Cowbell milk… Rolex more expensive than […]

03 Jan

IP 2.10 DURATION OF TRADEMARKS

DURATION AND RENEWAL OF TRADEMARKS. By Section 23, protection is granted for an initial seven years term then subsequent renewal term of fourteen years. As such, trade mark is perpetual subject to renewal. Renewal is necessary to remove obsolete trademarks from the register. Where an applicant fails to renew, he shall be notified by the […]

03 Jan

IP 2.11 ASSIGNMENT OF TRADEMARK

ASSIGNMENT OF TRADE MARK. Trademark, being a property can be assigned. At common-law, assignment ought to be made together with the goodwill of the business. To prevent confusion and deception. Also, the guarantee feature of TM needs to be protected. The U.K trademark makes such optional. Also Section 26 TMA makes a trademark assignable but […]