As a business owner in Nigeria, you need to understand what intellectual property rights are and how to protect your brand.
Anyone in business for a considerable time knows that coming up with unique products or creations is not easy. You have to tax your brain, think outside the box, or even hire a research and design team to come up with creative ideas and products.
As your product or idea hits the market and begins to blow up with success, you should expect that competitors will begin to copy your work.
This is why you need to pay attention to Intellectual Property Rights (IPR), because no matter how unique your idea is, people are prone to copy it.
In such cases, having some form of Intellectual property protection is paramount. Not only will it stop people from such illegal duplication but it also sets your brand apart.
If you’re wondering where to start, this article is for you. In this article, we will guide you through the essentials of IPR in Nigeria and how you can protect your intellectual property as soon as possible.
What is Intellectual Property Rights?
Intellectual Property Rights (IPR) are legal rights granted to creators and owners of works that result from human intellectual creativity.
When we talk about intellectual properties, we mean inventions, literary and artistic works, designs, symbols, names, and images used in commerce. IP rights gives you exclusive control on the production and distribution of such properties.
It does not matter if you’re a tech startup with a new software, or beverage company with a signature drink, IPR ensures that you alone can own your brain child.
For this reason, when you patent or copyright your work, anyone that tries to copy your work without appropriate approval is liable to face legal action.
In Nigeria, some of the most popular products with strong intellectual property rights include the pharmaceutical industry, which relies on patents to protect new drugs.
Other popular IP protected products include cosmetic products like Zaron Cosmetics. Innoson Vehicle Manufacturing (IVM), Nigeria’s first indigenous car manufacturer is also in this category.
The primary goal of IPR is to encourage innovation and creativity by providing creators with the exclusive right to use and exploit their creations for a certain period.
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Types of Intellectual Property Rights in Nigeria
In Nigeria, as in many other countries, intellectual property rights encompasses several categories.
Find the one that suits your business in the list below:
1. Patents
A patent is an exclusive right granted for an invention, which could be a product or a process that provides a new way of doing something or offers a new technical solution to a problem.
Patents protect new inventions and provide the patent holder with the exclusive right to use, manufacture, and sell the invention for a limited period.
The patent period is typically 20 from the filing date, provided annual maintenance fees are paid. The most common products that receive patent rights are drugs, scientific inventions and innovations.
In Nigeria, patents are governed by the Patents and Designs Act. Interested businesses can apply for a patent at the Patents, Trademarks and Designs Registry. Note that for a patent to be granted in Nigeria, the invention must be new, involve an inventive step, and be industrially applicable.
2. Trademarks
Trademarks protect signs, logos, brand names, slogans, and other distinctive marks that differentiate goods or services of one business from another.
A trademark enables consumers to distinguish your products from those of your competitors. Using the soft drink companies for instance, it’s easy to distinguish Coca Cola from Pepsi because of their unique trademark signs.
In Nigeria, trademarks are registered with the Trademarks, Patents, and Designs Registry under the Trade Marks Act. Before you register your trademark, ensure that the trademark is distinctive and not deceptive, scandalous, or contrary to law or morality.
Note that a registered trademark is protected for an initial period of 7 years and can be renewed indefinitely for 14-year periods.
Registration involves filing an application, which includes a representation of the trademark and a list of goods or services it will cover. We advise that you conduct a trademark search before applying to ensure the mark is available.
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3. Copyrights
Copyrights protect literary and artistic works, including books, music, paintings, films, and software. When you copyright your products, the act grants you the exclusive right to use, distribute, and license such works.
In Nigeria, copyright protection is automatic upon creation although registration with the Nigerian Copyright Commission can provide additional proof of ownership.
The protection period of copyright items lasts for the lifetime of the author plus 70 years for literary, musical, and artistic works. This rule is mainly for works created after January 1, 1978.
For broadcasts, sound recordings, and films, the duration is 50 years from the end of the year in which the work was first published.
It’s true registration of copyright is not mandatory, but it can be beneficial in proving ownership and for enforcing rights. So ensure you get one before you push your idea into the market.
4. Designs
Design rights protect the visual aspects of products, such as their shape, configuration, or ornamentation, which can make them visually appealing and distinct.
The Patents and Designs Act also governs the registration of industrial designs in Nigeria. To register your designs, the design must be new and not previously disclosed to the public.
In Nigeria, design rights are protected for an initial period of 5 years, with the possibility of renewal for two further periods of 5 years each.
5. Trade Secrets
While there is no specific legislation for trade secrets in Nigeria, they are protected under common law principles. This intellectual property is mainly seen in the hospitality industry and in some designated businesses.
For this intellectual property, it’s up to you to guard your recipes or other creations carefully to avoid it getting to your competitors.
Generally, as a business, strive to implement strong confidentiality measures to safeguard your trade secrets, especially amongst your employees.
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How to Protect Your Intellectual Property
1. Conduct an IP Audit
An intellectual property audit involves identifying and evaluating all the IP assets your business owns. This includes patents, trademarks, copyrights, and designs.
When you understand your IP portfolio, it’s easier to develop a strategy to protect and exploit these assets.
2. Register Your IP
While some IP rights, like copyrights, do not require registration, others, like patents and trademarks, do.
Registering your IP with the appropriate Nigerian authorities ensures that you have legal protection and the ability to enforce your rights.
3. Monitor and Enforce Your Rights
It’s not enough to simply register your IP, you also need to actively monitor the market for potential infringements and take action when necessary.
This can involve sending cease and desist letters, negotiating settlements, or taking legal action against defaulting competitors.
4. Educate Your Employees
Ensure that your employees understand the importance of intellectual property and their role in protecting it.
Help them safeguard your trade secrets and proprietary information by ensuring that intellectual property created within the business is properly documented and protected.
5. Leverage Your Intellectual Property
Intellectual property is not just about protection. You need to utilize it as much as possible.
Think of ways to monetize your IP through licensing agreements, franchising, or selling IP rights. This can create additional revenue streams and expand your business’s reach.
Benefits of Protecting Your Intellectual Property
There are significant benefits for businesses that effectively manage their IP:
Market Expansion
With a well-protected IP, a business will find it easier to enter into new markets through licensing and franchising.
Attracting Investment
Investors are more likely to invest in businesses with strong IP portfolios as they indicate innovation and potential for growth.
Competitive Advantage
A great IP strategy can differentiate your business from competitors. Eventually, this difference can add a lot of value to your products and services.
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Protect Your Business’s Intellectual Property for Better Growth
The Nigerian business environment is rife with duplication of products and business ideas. As a savvy business owner or creative, you cannot afford to leave your creations to chance.
Thankfully, like most big brands, there are ways you too can protect your intellectual properties and secure them legally – through intellectual property rights.
This singular act does not only protect your innovations and brand, but it also offers significant economic advantages.
It’s a strategic move that, when managed effectively, can propel your business to new heights.
So, take stock today and head to the appropriate offices to protect your creations.