TRADE MARK LICENSING AND REGISTERED USER PROVISIONS IN NIGERIA 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 …
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COPYRIGHT PROTECTION IN NIGERIA (I) 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 …
COPYRIGHT PROTECTION IN NIGERIA (I) 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. Literary Work:includes irrespective of literary …
COPYRIGHT PROTECTION IN NIGERIA (II) Previously, we discussed the framework for copyright protection in Nigeria. 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 …
GROUNDS FOR REFUSAL OF A TRADE MARK AND REQUESTS FOR DISCLAIMERS – NIGERIA 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 …
CANCELLATION OF A TRADE MARK – NIGERIA As we have discussed previously, an application to register a trademark is subject to Opposition by third parties. 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 …
Section 26(1) and (2) of the Trade Marks Act 1990, provides for the assignment of a registered Trade Mark. 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 …
PATENT REGISTRATION IN NIGERIA – INTELLECTUAL PROPERTY – NIGERIA 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 …
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THE PROCEDURE FOR PATENT APPLICATION 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 …
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COPYRIGHT PROTECTION IN NIGERIA (III) 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. …