Action To Be Taken
It is protected by the Copyright Act 1988
Protection Provided
The owner of copyright has exclusive rights to publish it reproduce it in any material form, perform it in public, broadcast it, make an adaptation of it or translate it in Nigeria.
Applying For Protection
Copyright protection is automatic: There is no need to apply. You m4 need to prove the existence of copyright.
Period Of Protection
70 years from the end of the calendar year in which the author died.
Remedy Against Limitation
Civil action for damages, injunction' accounts, *. Infringement is also a criminal offence. Customs but powers to seize infringing printed materials,
COPYRIGHT RECORD OR FILM
Action To Be Taken
It may be protected by the Copyright Act 1988.
Protection Provided
The owner of copyright in a record or film has exclusive rights to re-record the record or copy the film, cause it to be seen in public, broadcast it, or cause f to be transmitted to a subscriber to a diffusion service.
Applying For Protection
Copyright protection is automatic: There is no need to apply. You might however need to prove the existence of copyright.
Period Of Protection
Fifty years after the end of the year in which the recording was first made or broadcast first took place.
Remedy Against Limitation
As for literary works
PATENTS
Action To Be Taken
Apply for patent under the Patents and Designs Act 1970.
Protection Provided
The proprietor of a patent has the exclusive right to make, dispose of, use, import or keep the patented product in Nigeria,
Applying For Protection
Apply to the Patent and Designs Registry in Abuja with specifications of inventions, plans, drawings and the fees in the prescribed form.
Period Of Protection
Up to 20 years from the date of filing application.
Remedy Against Limitation
Civil action for injunction, declaration order to deliver up products, damages or accounts.
INDUSTRIAL DESIGNS
Action To Be Taken
Apply for registration of your design under the Patents and Designs Act 1970.
Protection Provided
The registered proprietor of a design has exclusive rights in Nigeria to make, import for sale, sell or hire any article in respect of which the design is registered.
Applying For Protection
Apply to the Patents and Designs Registry in Abuja with the fee in the prescribed form.
Period Of Protection
For five years from date of registration renewable for up to two further periods of 5 years,
Remedy Against Limitation
Civil Action
REGISTERED TRADE MARKS
Action To Be Taken
Apply for registration of the trade mark trade mark under the Trade Marks Act 1965
Protection Provided
The proprietor of a trade mark in respect of any goods has the exclusive right to the use of the trade mark in relation to those goods.
Applying For Protection
Apply to the Registry of Trade Marks in Abuja with the fee in the prescribed form.
Period Of Protection
For seven years renewable indefinitely by further periods of 14 years, subject to continued use of the mark.
Remedy Against Limitation
Civil action. Criminal action may be possible. Infringement is also a criminal offence. Customs have powers to seize infringing goods.
UNREGISTERED TRADE MARKS
Action To Be Taken
You may be able to bring a legal action to prevent "passing off".
Protection Provided
The proprietor can prevent the sale of any goods so like his own as to confuse purchasers into believing they are his.
Applying For Protection
No formality is needed though a proprietor should be prepared to prove the extent to which his goods are being sold.
Period Of Protection
Indefinitely so long as the goods are trade in.
Remedy Against Limitation
Civil action
HOW AKINJIDE & CO. CAN ASSIST YOU
Akinjide & Co. is a leading corporate law practice based in Lagos, Nigeria, with branch offices in Ikeja and Ibadan.
This guide on intellectual property in Nigeria has been produced by the intellectual property group of Akinjide & Co. and is intended to provide general guidance and information only. It is not a major work of reference and specific questions and enquiries should be referred to:
Stephen Kola - Balogun Akinjide & Co. 10th Floor, Western House 8/10 Broad Street, Lagos - Nigeria. Tel: 234 1 263 5315 Fax: 234 1 264 5525. E-mail: Click Contact Link
