November 2020

THE MADRID SYSTEM IN AFRICA RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024 OPPOSITION PROCEEDINGS MADE SIMPLE An application for a Trademark in Nigeria is subjected to two levels of examination before it can proceed to advertisement in the Trademark Journal.Firstly, there is the formal examination of the application. Put simply, this is merely an inspection of the application by the Trademark registry to ensure that the formalities of the application have been met. Learn more about our trademark registration Then, comes a more rigorous examination, referred to as a substantive examination. In a substantive examination the Registrar’s seeks to establish the registrability of the application by taking into consideration any possible conflicts with marks previously registered or with pending marks. The Registrar is able to assess the inherent unregistrability of the mark. If the mark passes both examinations then the mark is deemed Accepted and will proceed to being advertised in the Nigerian Trademark Journal, and is open to opposition for a period of two (2) months from the date of advertisement While the vast majority of applications will proceed smoothly to registration, there are a few that will become the subject of Opposition Proceedings. Opposition proceedings are a creature of statute; prescribed by the Trade Marks Act. The first thing to note is that a person opposing the registration of a Trademark need not have any prior trademark rights to commence the proceedings. Therefore any person may commence the proceedings within the two months from the date of the advertisement in the Journal of an application for registration of the Mark. The Opposition is commenced by giving notice to the Registrar on a prescribed Form. In this case Form 6 is required. The Notice must include a statement on the ground(s) which the opponent cites in objecting to the registration. Where, the ground is that the mark opposed resembles one that is already on the register, then the numbers of the trademarks and the numbers of the Journals in which they have been advertised should be included in the grounds. The notice must be filed in duplicate to enable the Registrar to forward a copy to the applicant. Once the applicant received the notice of the Opposition forwarded by the Registrar then he has one month to respond with a Counterstatement which itself must be issued on a prescribed form (FORM 6). This is the opportunity for the applicant to respond setting out the facts on which he relies to support his application for the registration of his mark. There is also an opportunity for the applicant to admit to any facts that might have been included in the Notice of opposition. Just as with the Notice, the Counterstatement must be sent in duplicate to the Registrar. The Registrar will then forward the Counterstatement to the Opponent who must then leave evidence in the form of a Statutory Declaration. The Statutory declaration must be filed with the Registrar within a month of the receipt of the Counterstatement. It must set out the evidence on which he relies on to support his opposition. The Statutory declaration should be sent to the Registrar as well as to the Applicant and in the event of no Statutory declaration being filed by the Opponent, then unless the Registrar directs otherwise, the Opposition is deemed abandoned. However, where the Statutory declaration is filed than the Applicant upon one month of its receipt is obliged to file in turn his own Statutory declaration in reply to the issues set out in the Opponent’s declaration. This reply must be sent by the Applicant to both the Registrar and the Opponent. At this stage the evidence is at an end and the parties are not required to file any further documents and he only remaining issue will be the hearing of the Opposition, The Registrar will give notice to the parties of a date when he will hear the arguments in the case. We have summarised the stages of an Opposition Proceeding with our Flowchart below. At AA Tejuoso & Co. we are able to provide effective representation for either Opponents or Applicants who are parties to an Opposition Proceedings. For further information and for our fees relating to Opposition Proceeding please contact us using the Contact Form or by emailing us at lawyer@tejulaw.com. Register a Trademark Schedule An Appointment Request Quote RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024

FIVE THINGS YOU NEED TO KNOW ABOUT TRADEMARKS RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024 1. IT’S ALL IN THE NAME The best Trademarks are those which are inherently distinctive. Examples of inherently distinctive marks would be where the mark is an invented word applied to goods or services such as “XEROX” for photocopiers, or words that already exist but are then applied to goods or services outside of their normal context, “APPLE” for computers is an often cited example of this. A mark which simply describes the goods or some particular attributes of the goods will not be registrable. This means that attempting to register the word “TABLE” to cover tables would be refused. It is also strongly advised to refrain from using generic terms, “DECAF” in relation to decaffeinated coffee would be a very weak trade mark, even if it were accepted for registration. Learn more about our trademark registration 2. USE IT OR LOSE IT There is a use requirement for a Trademark. Once a mark is registered the proprietor is obliged to use the mark in relation to goods / services for which the Mark is registered. A failure to do so can result in the removal of the mark from the Trade Marks register. This procedure is referred to as cancellation proceedings. Cancellation can be effected by the Registrar or on the application of a third party. To obtain cancellation of a mark there must be no bona fide use of the mark for a continuous period of at least five years from the date of issuance of the certificate of registration. 3. FOREIGN PROTECTION A Trademark registration is specific to the country in which it is obtained. This means that a trademark must be registered in each country in which the owner seeks protection. In order to reduce the costs of multiple registrations there is a system of international registration for trademark similar to the PCT system for Patents. One application is filed designating a number of countries where the applicant wishes for the mark to be registered. The Madrid Protocol is administered by World Intellectual Property Organisation (WIPO). Currently there are ninety-eight (98) contracting parties covering one hundred and fourteen countries (114). Obviously not every country is a member of the Protocol. For example, Nigeria, South Africa and Angola are not currently members. Therefore, if you are desirous of obtaining trade mark protection in any country which is not a member of the Madrid Protocol you will have to apply for protection in that country directly. 4. IT’S YOURS TO SELL The owner of a trademark, referred to as the registered proprietor, has exclusive rights to the use of the trademark which it has obtained. Those rights include, the right to sell the trade mark to a third party. It is usually a requirement that the sale of the Trademark be notified to the Trade Marks registry. This is so that the details of the new registered proprietor can be entered on the Register. To do this there is a recordal of the Assignment of the Trademark. Once the assignment is effected a recordal certificate is issued in favour of the new owner. All subsequent renewal certificates will be issued in the name of the new registered proprietor. 5. WHOSE JOB IS IT ANYWAY? It is true that the registration of a Trademark offers protection from the infringement of the mark, unauthorised use and counterfeiting. However, the Police or Customs authority will normally only act to stop infringement of a trade mark based on reports made to it by the registered proprietor or an agent acting on its behalf. This means that the policing of the trademark lies mainly with the owner of the mark. It is advisable that owners of trademarks put into place systems for watching their mark. These systems can be extremely costly for a trademark owner but the expense might pale in comparison to the potential loss of revenue or the dilution of the trade mark occasioned by infringement by third parties. Register a Trademark Schedule An Appointment Request Quote RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024

THE MADRID SYSTEM IN AFRICA RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024 The Madrid System for the International Registration of Marks comprises the Madrid Agreement Concerning the International Registration of Marks (1891) and the Protocol Relating to the Madrid Agreement adopted in 1989 and entered into force on December 1, 1995. It is administered by the International Bureau of the World Intellectual Property Organization (hereinafter referred to as WIPO) which maintains the International Register of Marks and publishes the WIPO Gazette of International Marks. Learn more about our trademark registration The System of international registration of trade marks has two primary objectives:    (i) Facilitating the obtaining of protection for  both trademarks and service marks; and    (ii) Facilitating easier subsequent management of trademarks and service marks. The Main advantages of the Madrid Protocol are as follows: one application; in one place; with one set of documents; in one language; with one fee; resulting in one registration; with one number; and one renewal date; Covering more than one country. To achieve these objectives the System allows for a centralized filing procedure, in one language, with one set of applicable rules and fees paid in one currency (Swiss francs).  It is argued that this centralized filing procedure provides trade mark and service mark owners, agents and national registration authorities with a simple cost-effective and efficient way to ensure protection for marks in other countries through the filing of a single application with WIPO. The following African countries are members of the Madrid System: Algeria, Botswana, Egypt, Gambia, Ghana, Kenya, Lesotho, Liberia, Madagascar, Morocco, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Sierra Leone, Swaziland, Sudan, Tunisia, Zambia, and Zimbabwe. Additionally in 2015, The Organisation Africaine de la Propriété Intellectuelle (OAPI), became a member of the System. This means that all 17 member states of OAPI (Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Ivory Coast, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Mali, Mauritania, Niger, Senegal and Togo) are now also open to be designated as a part of a Madrid Protocol application. However, there are some major African countries who are still not party to the Madrid System; Nigeria, Angola and South Africa have not joined the System and there doesn’t seem to be a great desire amongst government policy makers and IP agents in those countries to accede to the Treaties which form the System. This reluctance seems to be driven by the fear of a loss of revenues for both the local Trademark offices and local agents. This is a fear that has also meant a similar lack of take up of the Madrid System in other jurisdictions such as the Caribbean and Latin America.   We would caution potential clients about using the Madrid System in Africa. This is primarily as a result of the lack of clarity as to the legislative and procedural mechanisms being put in place in some of the countries so as to ensure that a Madrid System application can be effective and/or valid. Our advice would be to seek advice as to which countries might have an effective legal and procedural implementation of the Madrid System in order to ensure a successful application using said System. In some circumstances it might still be best to pursue a national application outside of the Madrid System rather than to risk the uncertainty that is present in some jurisdictions.  Please feel free to contact us to discuss this and any other related matters. Register a Trademark Schedule An Appointment Request Quote RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024

USE AND NON USE: THE NIGERIAN TRADE MARKS ACT. RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024 When a company or individual decides to register a Trade mark there is an expectation in Law that the trade mark will be used by that company in the “course of trade”. In Nigeria, the Trade Marks Act prescribes a period by which, if a mark is not used, it may become subject to removal. Learn more about our trademark registration Removal of a registered trade mark can be made by an application from any concerned person.  The application can then be made either to the Nigerian Court or, to the Registrar provided that there is no pending court action related to the trademark. If a concerned party applies to remove a registered trade mark he or she must prove either one of the following: 1. That the trade mark was registered without a bona fide intention by the applicant that it should be used in relation to the goods for which it is registered and that there has in fact been no bona fide use of the mark by any proprietor up to one month before the date of the application to remove the mark;  OR 2. That a continuous period of five years or longer has elapsed    during which the mark was registered and during which there was no bona fide use by the proprietor of the mark in relation to the goods for which it was registered. In order to fend off an application to remove a trade mark based on Non-use, Proprietor must ensure that they are actively using their marks in the jurisdiction in relation to the goods or services for which they have registered them. A proprietor cannot simply assert Use. He must be able to prove it. There must be clear evidence showing that the mark has been used in the marketplace in relation to the goods. For example,   television or print ads using the mark might be able to prove the use of the mark.  Bear in mind that use needs to be of a commercial type and must be in the country in which the mark is registered. You cannot defeat a claim of Non – Use in Nigeria by proving that the mark has been used in neighbouring Chad, Niger or Cameroon. Further, it would be best to show that the mark has been used in more than a token fashion so that where, for example, the mark is in relation to food, the frequency and amount, would be a significant consideration.   The sale of a box of olive oil bearing the trademark over the five year period is hardly likely to convince the Registrar or Court that the mark was being used in a genuine commercial sense. It should also be noted that where a mark is registered with a wide specification of goods and/or services the Registrar can make a determination that the mark has been used in relation to only some of the goods in the registration but not all. This would result in the registration being preserved in respect of the goods for which there has been genuine use but cancelled in respect of the remaining goods. Trademark owners must therefore seriously consider whether or not they will be using their mark in respect of all the goods or services for which they apply for registration. Registering a trademark is an effective way to ensure that your goods or services can be identified by consumers in the marketplace. However, a trademark registration should not be used merely to block a competitor where there is no intention to use a mark in the course of commerce. Nor should prospective trademark owners be barred from using marks which are not actively being used.  The Use and Non-Use provisions within the Trade Marks Act seeks to ensure that the trademark register contains marks which are being actively and genuinely used in the course of  business and trade in Nigeria. If you would like to discuss any of the issues raised please contact us. Register a Trademark Schedule An Appointment Request Quote RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024

PROCEDURE FOR TRADE MARK REGISTRATION IN NIGERIA RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024 The registration of trade mark process is administered by the Registrar of Trade Marks at the Trade Marks Registry Abuja. Learn more about our trademark registration What can be registered as a Trade Mark? Section 67 of the Trademark Act defines a trade mark as: A mark used or proposed to be used in relation to goods for the purpose of indicating, or so as to indicate, a connection in the course of trade between the goods and some person having the right either as proprietor or as registered user to use the mark whether with or without any indication of the identity of the person. 1. Appointment of a Trademark Agent This is usually done by providing a power of attorney in favour a trade mark firm or attorney. The Power of Attorney can be simply signed and does not require notarisation or legalisation. FORM 1 is then filed by the local agent.  The form is addressed to the Registrar.  It is mandatory for the authorization of an agent to indicate that all former appointment of agents are revoked. REGISTRATION PROCESS:  Step 1. Preparation of power of attorney authorising an agent to file a trade mark application on behalf of the applicant. Step 2. Pre-registration searches to limit potential refusal of the application or opposition proceeding later on.  Recommended but not required. Step 3. Provided the pre-registration search indicates the mark is clear for registration, an application for registration of mark is submitted in FORM 2. This is accompanied by a representation of the mark. Note that where the mark contains words in non-English language or words other than Roman, it must be translated or transliterated, as the case may be, into English.  Step 4.  Providing a list of goods and/or services for which the mark is seeking registration together with the applicant’s details. Step 5. After submission of application: i. Issuance of the acknowledgement to the agent, showing the number, date of filing, and other information about the application and applicant and the device. Through the Acknowledgement, the Registrar informs the applicant that the application is receiving attention. ii. Examination of the application by the Registrar to ascertain if the mark conflicts with any previously registered mark or is otherwise prohibited. iii. A successful examination will result in the issuance of an Acceptance Notice. The Acceptance will notify the applicant that the application will be advertised in the Trade Marks Journal. Step 6. Advertisement in the Trade Mark Journal. Step 7. Opposition to application after advertisement must be filed within 2 months of advertisement.  Please click here for more information on Opposition proceedings in Nigeria. Step 8. If no opposition is received then on the payment of the Sealing fees the Registrar will cause to issue a certificate of registration. Step 9 The certificate is for a duration of seven (7) years, and must be endorsed with the mark, the Class, and be assigned a registration number. At the end of the initial seven year registration period the trade mark can be renewed for subsequent periods of fourteen (14) years. Register a Trademark Schedule An Appointment Request Quote RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024

FIVE THINGS TO KNOW ABOUT INDUSTRIAL DESIGNS RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024 1. What is an Industrial Design ? An Industrial design constitutes the ornamental or aesthetic aspect of an article. The design may consist of three dimensional features, such as the shape of an article or two dimensional features, such as patterns, lines or colour. In Nigeria, the Nigerian Patents & Designs Act affords protection for these two types of designs: Combinations of lines or colours or both (e.g. Textile Designs) Three-dimensional designs (e.g. product packaging ) Learn more about our trademark registration 2. What is required to Register an Industrial Design? (i) An application in the requisite form stating the article to which the design is to be applied. (ii) Statement of Novelty of the Design (iii) Specimens, photographic or graphical representations of the design. (iv) A Power of Attorney, if application is being made by an agent. (v) An indication of the kind of product or class of product for which the design will be used. 3. What is the process for Industrial Design registration? Acknowledgement Once the application is filed with all the supporting documents then the Registrar will cause to issue an Acknowledgement Notice confirming the receipt of the application.  Examination and Acceptance The next step is the examination of the application to ensure the formal requirements are met and that the design does not contravene public order or morality.  If the application meets the requirements then an Acceptance Notice will issue. Otherwise, a refusal notice will be issued.  Registration Once the design application has been accepted, the design is the registered and a Registration Certificate will be issued and a duplicate of the Design Certificate will be included in the Register of Industrial Designs. 4. How Long Does Industrial Design Registration lasts? An industrial design registration lasts for a period of fifteen years. 5. Do I need to maintain the Design? Yes. The design must be renewed every five years. If you require any more assistance on protecting your industrial design in Nigeria or other parts of Africa, please do contact us. Register a Trademark Schedule An Appointment Request Quote RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024

TRADE MARK LICENSING AND REGISTERED USER PROVISIONS IN NIGERIA RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024 A Trade mark owner (Licensor) is able to grant permission to a third party (Licensee) to use its Trade Mark on mutually agreed terms and conditions. This is usually referred to as Trade Mark Licensing. There are different types of Trade Mark Licensing. The two most common being: Learn more about our trademark registration 1. Franchising   Franchising is a specialized license where a franchisee is allowed by the franchisor in return for a fee to use a particular business model and is licensed a bundle of IP rights, notably, trade marks and supported by training, technical support and mentoring. Examples of Franchising includes: Burger King™, KFC™ and Starbucks™. 2. Merchandising   The licensing of trade marks, designs, artworks as well as fictional characters (protected by these rights) and real personalities are broadly referred to as merchandising. Merchandising, allows third parties to apply the trade marks of the Licensee to consumer items such as clothes, towels, plates and any other item to which the addition of the trade mark would increase its desirability amongst consumers. Examples of Merchandising include the use of the Trade Mark of sports teams on clothing, thereby increasing the value of the clothing and sales of the items. In Nigeria, under the Trade Marks Act, a trade mark licence may be registered by filing the prescribed form and the prescribed fees at the Trade Marks registry.  In the Nigeria Trade Marks Act, this is referred to as a Registered user agreement and is detailed in Sections 33 and 34 of the Act. In the application to register a registered user a statutory declaration must be submitted by the Licensor giving particulars of: i. The existing or proposed relationship between the licensor and the licensee; ii. The degree of control by the proprietor over the permitted use which their relationship will confer; iii. Whether is a term of their relationship that the proposed licensee shall be the sole licensee or any other restrictions; iv. The good in respect of which registration is proposed v. Any conditions or restrictions proposed with respect to the characteristics of the goods, the mode or place of permitted use, or to any other matter; and vi. Whether the permitted use is to be for a period or without limit of period, and, if for a period, the duration thereof. Under the Nigerian Trade Marks Act, a licensee may institute an infringement action, depending on the terms of its licence. A Registered User of a trademark is empowered to institute an infringement action and to join the registered proprietor as a defendant in the action, where the registered proprietor fails to institute an infringement action after two (2) months of being invited by the Registered User to commence an infringement action. Where sensitive commercial material forms a part of the license, the Registrar, if requested by the applicant, can take steps to secure the information provided other than that entered in the register is not disclosed to rivals in trade. Finally, it is worth noting that the usual types of licence available in commercial transactions are recognised and registrable in Nigeria. The only restriction being that the Registrar can refuse an application for registration of a registered user on the basis that the grant of such a registered user would tend to facilitate trafficking in a trade mark. Register a Trademark Schedule An Appointment Request Quote RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024

PROTECTING SOFTWARE IN NIGERIA RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024 In Nigeria, computer programs, whether in source or object code, are protected under copyright. Section 39 of the Nigerian Copyright Act 1988 defines a computer program as “a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result”. “Literary works” is also defined in the Act to include, irrespective of literary quality, computer programs. To obtain the protection afforded under the Copyright Act, the computer program must meet the usual requirements for a literary work. They must, however, also satisfy the usual requirements for copyright protection before the Act applies: Learn more about our trademark registration A. work must be reduced to material form An idea itself will not receive copyright protection. The idea must be reduced to material form (whether it is written, recorded (including in musical or dance notation), filmed, painted, etc.) before it is capable of copyright protection. The idea will only receive protection in the form in which it is expressed. B. work must be original and the result of the author’s skill and effort: The work must be original. This does not mean the work must be novel or unique but the work must not be a mere or slavish copy of another work. The work must be the product of the author’s independent skill and effort. The work does not have to be aesthetic in order to gain copyright protection. For example, accounting forms, football coupons and racing programs have been regarded by the courts as literary works capable of copyright protection. The major advantage of copyright protection lies in its simplicity.  Copyright protection does not depend on any formalities such as registration or the deposit of copies in the 151 countries party to the Berne Convention for the Protection of Literary and Artistic Works.  This means that international copyright protection is automatic – it begins as soon as a work is created. Nigeria is a signatory to the Berne Convention. As a literary work, copyright gives exclusive right to the owner of the computer program to control:    i.   Reproduction in any material form    ii.   Publishing    iii.   Public performance    iv.   Production of translation    v.   Film making    vi.   Distribution to public by rental, lease, hire etc.    vii.   Broadcast    viii.   Adaptation –   Section 6 (1)(a), Cap C28, LFN, 2004 Term of Protection In Nigeria copyright protection is limited to the lifetime of the author +70 years after his death in the case of Literary, Artistic and Musical works or +50 years after first publication or broadcast in the case of cinematographic films, photography, sound recording and broadcast. Infringement  Copyright infringement occurs when a person not being the owner (author or licensee/assignee) performs, with respect to a work WHOLLY or SUBSTANTIALLY, any of the acts which may not be so performed without the authorisation of the owner. The infringement can range from minor acts of infraction which nonetheless are actionable to large scale infringement for illicit commercial purposes, referred to as PIRACY. Remedies The remedies and reliefs available to a copyright owner against violations are Administrative, Civil and Criminal. Administrative Through the Nigerian Copyright Commission (NCC) Civil Injunctions can be obtained from a Nigerian court to prevent anticipated or actual infringement. Injunctions are granted on the following bases: –    i.    There must be a serious issue.    ii.   Damages will not suffice.    iii.   Balance of convenience is in favour of the applicant.    iv.   Court’s discretion Criminal Any of the following acts is an offence in Nigeria, punishable by fine or a term of imprisonment:    i.   Trading in works in violation of Anti-Piracy measures (Punishment is fine of N100,000 or term of imprisonment not exceeding 12 months or both);    ii.   Importation and possession of works in violation of Anti-Piracy measures (Punishment is fine of N500,000 or term of imprisonment not exceeding 5 years or both)    iii.   Unauthorised possession, reproduction and counterfeiting of Anti-Piracy device (Punishment is fine of N50,000 or term of imprisonment not exceeding 5 years or both)    iv.   Failure to keep, or making of false entry in statutory register or knowingly tendering or producing same (Punishment is fine of N10,000) If you have any further questions, please free to get in touch with us at AA Tejuoso & Co. Register a Trademark Schedule An Appointment Request Quote RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024

COPYRIGHT PROTECTION IN NIGERIA (I) RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024 Copyright protection is afforded to certain “works” under S.1. of the Copyright Act, Nigeria. The term “work” includes literary, musical and artistic works, cinematograph films, sound recordings and broadcasts. Only if a “work” falls into the following categories will it attract copyright protection in Nigeria. Learn more about our trademark registration Literary Work: Includes irrespective of literary quality, any of the following works or works similar thereto: i. Novels, stories and poetical works; ii. Plays, stage directions, film scenarios and broadcasting scripts; iii. Choreographic works; iv. Computer programmes; v. Text-books, treatises, histories, biographies, essays and articles; vi. Encyclopaedias, dictionaries, directories and anthologies; vii. Letters, reports and memoranda; viii. Lectures, addresses and sermons; ix. Law reports, excluding decisions of courts; and x. Written tables or compilation. Musical Work: Means any musical work, irrespective of musical quality, and includes works composed for musical accompaniment. Artistic Work: Includes, irrespective of artistic quality, any of the following works or works similar to them: i. Paintings, drawings, etchings, lithographs, woodcuts, engraving and prints; ii. Maps, plans and diagrams; iii. Works of sculpture; iv. Photographs not compromised in a cinematograph films; v. Works of architecture in the form of buildings, models; and vi. Works of artistic craftsmanship, pictorial woven tissues and articles of applied handicraft and industrial art. Sound Recording: Defined as the first fixation of a sequence of sound capable of being perceived aurally and of being reproduced but does not include a soundtrack associated with a cinematograph film Broadcast: Defined as sound or television broadcast by wireless telegraphy or wire of both by satellite or cable programmes and includes re-broadcast. Even if a work falls into the above mentioned categories it will only be afforded copyright protection unless there is sufficient effort has been expended on making the work and the work must be fixed in a definite medium from which it can be perceived, reproduced or otherwise communicated. In other words the work must be both original and in a fixed form to obtain copyright protection. Duration: Other than photographs, Copyright in Literary, Musical and Artistic works lasts for seventy years after the years in which the author dies or in the case of a corporate body, seventy years after the end of the year in which the work was first published. For Cinematographic films, Sound recordings and photographs, copyright lasts for fifty years after the recording was first made and fifty years after the photograph was taken. Finally, for Broadcast works, copyright lasts for fifty years after the end of the year in which the broadcast first takes places. Next time we will look at who can claim copyright in Nigeria and how Copyright is administered in Nigeria. Register a Trademark Schedule An Appointment Request Quote RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024

COPYRIGHT PROTECTION IN NIGERIA (II) RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024 Previously, we discussed the framework for copyright protection in Nigeria. Learn more about our trademark registration Firstly, it should be noted that, unlike Trademarks, Patents and Industrial Designs there is no centralised system of copyright protection. However, Section 14 of the Act states that publishers, printers, producers or manufacturers of copyrighted material must keep a register of all works produced by them showing: i.   The name of the author; ii.  The title iii.  The year of the production iv.  The quantity of the work produced. We will now turn our attention to who can claim copyright protection. The following individuals, companies or others may claim  copyright in Nigeria: 1. Persons who are either Nigerian citizens or domiciled in Nigeria; 2. Persons whose works are first published or in the case of sound recordings made in Nigeria 3. Persons who are employed to make a work in the course of their employments; 4. Persons who are commissioned to make a work; 5. Persons to whom copyright works are assigned such as Collecting Societies; 6. Persons to whom a licence of the work has been granted; 7. The Federal or State Government, where it has commissioned someone to make a work; 8. Companies registered in Nigeria which produces works of copyright; 9. Non- Nigerians who are neither domiciled in Nigeria but belong to a  Convention country to which Nigeria is a party provided their works are first published in such  convention country, or by the United Nations, the African Union or Economic Community of West African States. This also would apply to companies established by or under the laws of a country that is party to an obligation or treaty or other international agreement to which Nigeria is a party. Register a Trademark Schedule An Appointment Request Quote RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024