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

GROUNDS FOR REFUSAL OF A TRADE MARK AND REQUESTS FOR DISCLAIMERS – 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 an application for the registration of a Trade Mark can be refused by the registrar on either Absolute or Relative Grounds. The Grounds for the refusal of a trade mark application are set out in Sections 11, 12 and 13 of the Trade Marks Act.   Learn more about our trademark registration The Absolute Grounds for refusal are as follows:   I. Marks devoid of deceptive character. That is to say the mark does not meet the requirements stipulated by the Act regarding distinctiveness. II. Deceptive or Scandalous Marks or Marks contrary to law or morality or in any other way not entitled to protection III. That the mark contains some prohibited words and/or symbols such as names of chemical substances, Coats of Arms, the words “patent” “patented”, “registered”, ”registered design” “copyright”  or similar words. IV. Geographical names. The Relative grounds for refusal are as follows: I. Applicant is not the true owner of the mark. II. The application was made in bad faith. III. The trade mark is identical or confusingly similar to an existing / prior / pending registration / application or to a famous mark IV. The mark contains some restricted words and/or symbols. For example, the representations of the Geneva cross and other crosses in red or of the Swiss Federal cross in white on a red background. Disclaimers  Another relative grounds for refusal is where a trade mark contains matter common to the trade or otherwise which is of a non-distinctive nature.  The Registrar can in those circumstances require that as a condition of registration of the mark that the applicant accepts a disclaimer. A disclaimer is requested by the Registrar where the trade mark includes once or more words which are viewed as merely descriptive or generic in relation to the products or services which are being sought to be covered in the trade mark application. The disclaimer is a statement which is placed on the record and which appears on the registration certificate, when issued, indicating that the owner does not claim any exclusive rights to the disclaimed portion of the mark. A practical example of how a disclaimer might work is if I were to apply for the mark “Tejulaw Decaf” to cover coffee and teas, a disclaimer of the term “Decaf” will be required. The basis for the disclaimer would be that the Registrar might well argue that the word “Decaf” is a generic word for decaffeinated coffee and thus devoid of any distinctive character and that the word decaf had become customary in the language and established practices of the coffee trade as a reference to decaffeinated coffee such that to allow any one proprietor exclusive rights to use the word to describe its goods would be unfair. To avoid a provisional refusal for registration of your trade mark intellectual property rights lawyers hired to carefully study the matter on the basis that you must disclaim a portion of the mark thereof we recommend that you should always: Use strong words in your trade mark that are not a generic description of your products or your industry. Use images that are unique. Do not use drawings that could point to a company selling similar products. This way you will avoid an office action requesting a disclaimer of a portion of  your 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

CANCELLATION OF A TRADE MARK – 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 As we have discussed previously, an application to register a trademark is subject to Opposition by third parties. Learn more about our trademark registration If a rights holder misses the opposition deadline and is unable to object to the registration of a mark is there any recourse against the mark once it has been registered? Section 31 (1) of the Nigerian Trade Mark Act prescribes that: Subject to this and the next following section, a registered trademark may be taken off the register in respect of any of the goods in respect of which it is registered on an application made by any person concerned to the court or, at the option of the applicant and subject to section 56 of this Act, to the Registrar, on either of the grounds set out in subsection (2) of this section. Whilst Section 31 only deals with removal of a trade mark from the register for non-use,  Section 38 of the Act widens the scope for removal of a registered trade mark providing that an application may be made to the Registrar or the court, challenging the validity of an entry on the register of trade marks. The Section also empowers the Registrar or the Court to make an order to expunge or vary the entry if it deems fit. The position in Nigeria, therefore, is that whilst the Trade Marks Act does not explicitly use the term “Cancellation” the effects of Sections 31, 38 and 56 is to provide cancellation powers to the Registrar or Court. Cancellation proceedings is a post-registration remedy and as such can only be brought after a trade mark has been registered and cannot be filed before a mark has been duly registered. Section 38 allows that any person who can establish sufficient interest to the satisfaction of the Registrar of the Federal High Court is able to commence a cancellation proceeding in Nigeria. However, the interest must amount to a legal interest. The party can be either a natural or a juridical person(s). As with Opposition proceedings, Cancellation proceedings can be brought against a registered trade mark on absolute and/or relative grounds as well as for non-use. The following are some of the grounds which can be raised in a cancellation proceeding: I.  lack of distinctiveness of the mark. II. non-use i.e. the mark was registered without any bonafide intention to use the mark and there has in fact been III. no use of the trademark up to one month before the date of the application or the mark has not been used for a continuous period of at least five years. IV. the mark is generic, misleading or deceptive. V. the mark is contrary to public policy. VI. the mark was registered in bad faith. VII. the mark is a well known or famous mark. Finally, it is important to recognize that if a cancellation proceeding is being brought based on absolute grounds that the proceedings must be initiated within seven years of the date of the registration of the trade mark.  The exception being that, where the grounds involve allegations of fraud, lack of distinctiveness at time of filing or that the trade mark is contrary to law, morality or is scandalous there is no such limitation. Get your trademark cases checked by intellectual property rights lawyer. Where the grounds for cancellation is based on Non-Use then the application must be filed within a month of the expiration of the continuous five years of non use. 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

RECORDAL OF ASSIGNMENT OF TRADEMARK – 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 Section 26(1) and (2) of the Trade Marks Act 1990, provides for the assignment of a registered Trade  Mark. Learn more about our trademark registration Assigning a Trade Mark means transferring ownership from one party to another. The party who is transferring ownership is referred to Assignor and the new owner is referred to as the Assignee. The assignment can be in connection to the goodwill of the business or not and it can be in respect of all the goods or services covered by the Trade Mark registration or just some of the goods/services.A full assignment occurs when the Trade Mark owner assigns the ownership in all of the goods and/or services for which the Trade Mark is registered to the new owner. A partial assignment occurs when the Trade Mark owner transfers the Trade Mark to the new owner with respect to only some of the goods and/or services covered by the Trade Mark registration. Unregistered trade marks can also be assigned provided that at the time of the assignment:1. The unregistered Trade Mark is used in the same business as a registered Trade Mark.2. Assigned at the same time and to the same person as the registered Trade Mark.3. Assigned in respect of the same goods for which the registered Trade Mark is being assigned and in respect of all the goods in relation to which the unregistered mark is used in that business. Only the assignee, the assignor or an authorized agent of either the assignee or the assignor can record the assignment of the Trade Mark at the Registry. You can contact Trademark Infringement Attorney Lagos which will protect your Trade Mark rights and will provide the best information for your business. Where the assignment is without the goodwill associated with the business, the Registrar may direct that the request for recordal be advertised in the Trade Marks Journal. Failure to comply with this directive implies that the assignee acquires no title or rights under the assignment. Where the assignment is connected with the goodwill associated with the business the assignee should ensure that it is recorded at the registry in order for it to be effective against third parties. Failure to record an assignment with the Registry means it is ineffective against a third party subsequently acquiring, in good faith, a conflicting interest in or under the Trade Mark. This failure can also mean that the assignee will not be entitled to damages or an account of profits in infringement proceedings. Due to the risks to the assignee from non recordal of the assignment of a Trade Mark, it is good practice for the assignee to be proactive in ensuring recordal of the assignment and should never simply rely on the assignor record the assignment. The Trade Marks Act provides for an application to be made to record the assignment conjointly by the assignee and the assignor or in the alternative the assignee can make the application solely. An application to record an assignment of a Trade Mark shall include the following:1. The name, trade or business address and description of the assignee.2. The full particulars of the instrument, if any, under which he claims to be entitled to the Trade Mark and a copy of the said instrument. In most cases, this will be a Deed of Assignment. The copy of the deed may be retained by the registry but will not be open to public inspection. The Deed or other instruments of the title should be in English and if it not, a verified English translation of the document should be provided.3. A Power of Attorney, simply signed. If you want to get detail information regarding the assignment of the Trade Marks which you can get from the Trademark Attorney Nigeria as they will provide the best legal advice in the Trade Mark laws and practice. 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

PATENT 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 PATENT REGISTRATION IN NIGERIA WHAT IS A PATENT? A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something or offers a new technical solution to a problem. A patent grants the inventor a temporary but exclusive monopoly to reap the profits from the invention. It gives the inventor the right to exclude others from making, using, or selling the claimed invention in that country without his consent, for the duration of the patent. A.A. TEJUOSO & CO. is one of the most popular law firms in Nigeria that provides legal services related to Patents. Learn more about our trademark registration THE PROCEDURE FOR PATENT APPLICATION Nigeria has a centralized system for patent registration; made up of the Registrar of Patents and Designs, and the Register in which patents are recorded. The applicable law is the Patents and Designs Act of 1971, while the guidelines on the procedure are contained in the Patent Rules. CRITERIA FOR REGISTRATION: In order to obtain a Patent in Nigeria, an invention must be:New and have an inventive step which is not obvious to a personal knowledge and experience in the technical field. Capable of being made or used in some kind of industry.Not be against public policy or morality. If your application meets the requirements for Patent registration set out at 1-3 above you can file an application with the registry. A Nigeria Intellectual Properties attorney would be the best option if you are facing difficulties for the Patent registration process. AN APPLICATION MUST RELATE TO ONLY ONE INVENTION BUT CAN INCLUDE IN CONNECTION WITH THAT INVENTION; CLAIMS FOR: any number of products; any number of manufacturing processes for those products; and any number of applications of those products. TYPES OF PATENT REGISTRATION IN NIGERIA Nigeria is a signatory to both the Patent Co-operation Treaty (PCT) and the Paris Convention for the Protection of Industrial Property which means that you can file any of the following types of patent applications: PCT or Convention Patent A national phase of a PCT application previously filed with WIPO and which would have designated Nigeria as part of the PCT application. There is a 30-month deadline from the earliest priority claimed in the PCT application to file the application in Nigeria. Under the Paris Convention, an application which has been filed in another convention country can be filed in Nigeria claiming the priority from the foreign application. Such an application will be treated as having been filed on the same date on which the corresponding foreign application was filed provided it is filed within twelve months. Non-convention Patent A non-convention patent application is an application patent which is first filed in Nigeria and seeking registration in Nigeria. This type of application is also known as a ‘local patent’. In our second part, we will look at the steps involved in the filing and obtaining the grant of a Patent 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

PATENT REGISTRATION IN NIGERIA – PART 2 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 APPLICATION TO THE PATENTS REGISTRAR An application to the Patents Registrar shall consist of: A request for a patent signed by the applicant or his agent; containing the applicant’s full name and address. If the address is outside Nigeria, there should be an address for service within Nigeria; A specification, including claims in duplicate; Plans and drawings, if any, in duplicate; A declaration signed by the true inventor requesting that he be mentioned as such in the patent and giving his name and address; Signed power of attorney or authorization of agent if the application is made by an agent; Evidence of payment of the prescribed fee. For PCT or Conventional patents, the applicant shall: Append to his application a written declaration showing:1. The date and number of the earlier application;2. The country in which the earlier application was made; and3. The name of the person who made the earlier application;4. Furnish the Registrar with a copy of the earlier application 5.  5. 5. Certified by the IP Office of the foreign convention country. Learn more about our trademark registration OFFICIAL ACKNOWLEDGEMENT OF APPLICATION Upon filing the application, the Registrar will issue a filing receipt to the applicant, acknowledging that the application has been filed and received at the Registry. The said date is considered to be the official filing date of the patent. The Acknowledgment Notice bears the title of the patent, the name of the applicant and that of the agent. Such a document is generally issued within one or two weeks with the help of any of the Intellectual Property Law Firms in Nigeria. You can also read: Patent registration in Nigeria – Part 1 – Intellectual Property EXAMINATION OF THE APPLICATION BY THE REGISTRAR The Patent is then examined to ensure its conformity with the provisions of the Act. If the prescribed requirements are satisfied, the patent will be registered without further examination by the issuance of an Acceptance Notice to the applicant. GRANT OF THE PATENT Upon the grant of a patent, the Registrar will issue to the applicant the Letters Patent (certificate of registration of patent). The certificate will bear the relevant number, the name, and domicile of the patentee, the dates of the patent application and the grant, the title of the invention and the period of its validity, and the number and date of the application on which a claim of foreign priority is based. Moreover, you can take the guidance of any of the Patent and Trademark attorneys for this process. REGISTRATION AND PUBLICATION Following the grant of the patent, the Registrar will: Enter the particulars of the grant in the Register, and Publish a notification of the grant in the Federal Gazette. DURATION AND LAPSE OF PATENT Patents expire after 20 years from the date of filing of the relevant patent application. The law provides that a patent shall lapse if the patent holder fails to pay the prescribed annual fees after a grace period of 6 months following the year from which such fees are due. 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 (III) 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 Having discussed the framework for copyright protection in part one and part two, we shall now look at the protection afforded by copyright and the steps involved in registering copyright under the guidance of a Patent Attorney in Nigeria. Read the brief article on the framework for copyright protection in Nigeria. Learn more about our trademark registration  COPYRIGHT PROTECTION Copyright protection is essentially territorial in nature. Nigeria’s membership to certain international copyright treaties and conventions affords protection to Nigerian citizens and entities in those territories which are members of the same international agreements, such as the Berne Convention. RIGHTS OF AUTHORS/COPYRIGHT OWNERS The rights bestowed upon authors or copyright owners are devised into moral and economic rights. The former type includes the right to be acknowledged in any use made of the work and to prevent any derogatory use, alteration, distortion, or mutilation of the same. On the other hand, economic rights refer to the right to earn a profit from the work by determining the conditions under which the work is commercialized. The author or copyright owner may thus authorize or prohibit the reproduction, recording, broadcasting, translation, or distribution of the work. INFRINGEMENT OF COPYRIGHT If the copyright of the work is infringed, the author or the copyright owner may request the infringer to stop the infringement and to pay adequate compensation for the use of the work. The former may also offer a license to the infringer and propose a business relationship. If the infringer ignores the requests or fails to compensate for the use of the work, the author or owner of the copyright may file a lawsuit at the Federal High Court to seek damages and obtain an injunction to restrain the infringer from continuing the acts of infringement. You can also read: Areas of Practice and Intellectual Property Law firm works on COPYRIGHT REGISTRATION Copyright protection is automatic upon the creation of the work. Therefore, copyright registration is not a precondition for copyright protection. Nonetheless, the Nigerian Communications Commission (“NCC”) has instituted a voluntary copyright registration scheme which aims at enabling authors and right owners to notify the commission of the creation and existence of their works.   THE NEED FOR COPYRIGHT REGISTRATION The main benefits of registering a copyright with the NCC are the following: It forms an independent source of verifying data in respect of the work or its author to the public. The certificate of acknowledgment issued by the NCC is in itself prima facie evidence of the facts of the case. It provides a depository for preserving original copies of works notified. The notification database holding the information and the data provides reliable rights management information to the public and prospective licensees to the work.   REGISTERING FOR A COPYRIGHT An individual or an entity may apply for registration online or physically through an agent to any office of the NCC’s office in Africa. You can take the help of a Patent Litigation Attorney in Nigeria from a reputed law firm like Tejulaw in the process of copyright registration. The application should include a completed registration form, two copies of the work, and evidence of payment of the prescribed fee. 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