patent and design act nigeria pdf

Patent And Design Act Nigeria Pdf

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Published: 19.05.2021

This book is also available in other formats: View formats. Please note that ebooks are subject to tax and the final price may vary depending on your country of residence. In this thought-provoking analysis, the author takes three examples of emerging markets Brazil, India, and Nigeria and tells their stories of pharmaceutical patent law-making.

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Overview of Patents & Designs in Nigeria

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy. These concepts require adequate intellectual property protection to prevent misappropriation by third parties, which may lead to loss of possible income that may be generated by the owner from utilizing and maintaining a commercial edge over competitors who do not know or use them.

Some of the recommended options of intellectual property protection available to owners of business concepts are highlighted below.

Trade secret protection guarantees the owner automatic right over his business concepts without the need for registration. This right may be maintained indefinitely, if the secrecy is preserved and kept from becoming public knowledge.

Some of the constraints in utilizing trade secret protection are as follows:. It has been opined that businesses that successfully protect their trade secrets also strengthen their other intellectual property assets. For instance, the Coca Cola recipe and Google search algorithm are of substantial value and these companies recognized that protecting their trade secrets can help maintain their competitive edge in the marketplace.

The name, logo, slogan, or hashtags of a business concept may be protected as trademarks. A trademark right can be obtained by registration at the Nigerian Trade Mark Registry or through use. This form of protection grants the owner exclusive rights to use the mark in connection with the concepts and enables users distinguish the concept from other concepts available in the market.

It may also prevent third parties from marketing their company under an identical or confusingly similar trademark. The proprietor or owner of a business concept may also acquire trademark rights through continuous use of the mark. Business concepts, when fixed in any definite medium of expression now known or later to be developed, from which they can be perceived, reproduced or otherwise communicated either directly or with the aid of any machine or device, may be protected as copyright.

Owners of these concepts do not have to wait till the concepts are developed into the intended product prior to fixing them in a medium of expression and or lodging them at the NCC as these concepts may still be fixed in a tangible medium of expression pending when they are developed into actual products. Where improvements have been made on the concepts, the updated version can also be fixed in a medium of expression and lodged at the NCC.

Patents and designs are also viable means of intellectual property protection for business concepts however, they can only be utilized where the concepts have been generated into actual products or inventions which may be patentable or registrable as designs. According to section 1 4 PDA, the following items are not patentable:. Principles and discoveries of a scientific nature are also not regarded as patentable inventions.

Industrial designs are the ornamental or aesthetic aspect of an article and include three dimensional features, such as the shape of an article and two-dimensional features, such as patterns, lines and colours. Various countries utilize different means of protecting industrial designs as intellectual property rights.

Some countries protect industrial designs by registering them as industrial designs while others register designs as design patents. A registered industrial design offers similar protection as a design patent, as both forms of protection safeguard the ornamental or aesthetic aspect of an article.

However, a design patent right is obtained under Patent Laws while an industrial design right is obtained under Design Laws. In Nigeria, industrial design protection is an alternative to design patent protection which is the utilized in the United States. An industrial design protection can be obtained through registration at the Patents and Designs Registry. According to the PDA, an industrial design is registrable if it is new and not contrary to public order or morality. Business concepts even if they exist in the mind alone, have the potential of yielding returns for the owner if active steps are taken to develop them into concrete forms that are protectable as intellectual property rights.

As owners or proprietors of business concepts, it is paramount to ensure the core business ideas are duly protected prior to them being launched, utilized or generated into products as this would increase the chances of preventing intellectual property theft, attract more tangible methods of intellectual property protection, and guarantee a cause of action and remedy at law.

Adequate protection of business concepts may also increase the valuation of a business, thereby increasing their relevance in the licensing and franchise market. Non-protection of these concepts may be detrimental to the implementation or launch of the concepts and inevitably limit the profit that may be generated by the owners.

On the other hand, all such innovations like proprietary know-how, technical and business methods, and confidential information which may fall under the trade secrets category should be properly protected as such to ensure that businesses acquire and maintain the competitive edge that gives them the much-needed business advantage necessary for commercial success. An industrial design is new if it has not been made available to the public before an application for registration is filed at the registry.

For instance, if it has been advertised, it will not be regarded as new as it has become part of the public domain. It will also not be regarded as new if it is similar to an existing design and the difference between the design and the existing design is insignificant, or because the product to which the design is applied is different from that of an existing design. The content of this article is intended to provide a general guide to the subject matter.

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Learn More Accept. Intellectual Property. Your LinkedIn Connections with the authors. To print this article, all you need is to be registered or login on Mondaq. Some of the constraints in utilizing trade secret protection are as follows: Defensive protection as a prior art is not applicable to trade secrets and a third party may obtain a patent right, design right or copyright for the same concepts if the third party came up with it independently, without access to the owner's trade secrets through research and development, reverse engineering, or marketing analysis.

Also, where the offence stated above is committed with the intent of obtaining computer data, securing access to any program, commercial or industrial secrets or classified information, the punishment will be imprisonment for a term of not more than 7 years or a fine of not more than N7, , A patent offers monopoly over the patented invention thereby giving no room for defenses such as reverse engineering and independent creation.

According to section 1 4 PDA, the following items are not patentable: Plant or animal varieties, or essentially biological processes for production of plants or animals other than microbiological processes and their products. Inventions if their publication or exploitation would be contrary to public order or morality.

P2, Laws of the Federation of Nigeria Bisola Scott. As industries race to gain a legal monopoly on their unique innovations through marks registration, we are inundated with an ever-increasing number of products with. The Copyright Act LFN is the principal law that governs, protects copyrights in Nigeria, while the regulatory agency that supervises copyright registration in Nigeria is the Nigerian Copyright Commission. Nigeria is Africa's most populous nation with the largest economy in the continent and a fast-growing services sector with an increasing need for consumer goods.

From Campari to Coca-Cola to Google's PageRank, businesses and corporations have continued to keep their trade secrets, to enhance prospects of their long term, sustainable future through market relevance and profitable business operations. Concerted efforts have been made over the years at promoting IP rights in Nigeria with some positive results being achieved. The trademark search is actually the first step for trademark registration in Nigeria.

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The Nigeria Patents and Designs Act, Chapter 344

Africa has the highest disease burden in the world and continues to depend on pharmaceutical imports to meet public health needs. As Asian manufacturers of generic medicines begin to operate under a more protectionist intellectual property regime, their ability to manufacture medicines at prices that are affordable to poorer countries is becoming more circumscribed. For African countries to take full advantage of compulsory licensing they must develop substantial local manufacturing capacity. Because building manufacturing capacity in each African country is daunting and almost illusory, an African free trade area should be developed to serve as a platform not only for the free movement of goods made pursuant to compulsory licences, but also for an economic or financial collaboration towards the development of strong pharmaceutical manufacturing capacity in the continent. Most countries in Africa are in the United Nations list of least developed countries, and this allows them, under WTO law, to refuse to grant patents for pharmaceuticals until Thus, there is a compelling need for African countries to collaborate to build strong pharmaceutical manufacturing capacity in the continent now, while the current flexibilities in international intellectual property law offer considerable benefits. By imposing certain minimum standards of intellectual property protection for all WTO member states, the TRIPS Agreement made it mandatory for such states to recognize patents for pharmaceutical products to the extent that the products meet the criteria for patentability.

Global Patent and Trademark Attorneys? Tunisia: The protection of industrial designs. Tunisia: Industrial designs Fees. Tunisia: Trademarks fees. Tunisia: Law No.

In Nigeria, an industrial design can be protected by registration, with the Nigerian Patents and Designs Registry. The Patents and Designs Act [5] governs the registration of industrial designs and according to the Act, an industrial design is registrable if it is new and not contrary to public order or morality. An industrial design is new if it has not been made available to the public before an application for registration is filed at the registry. For instance, if it has been advertised, it will not be regarded as new as it has become part of the public domain. It will also not be regarded as new if it is similar to an existing design and the difference between the design and the existing design is insignificant, [7] or because the product to which the design is applied is different from that of an existing design. In addition to the requirement of newness, a design will not be registrable in Nigeria if it is contrary to public order or public morality.


standard or criterion for granting a patent is that the invention must be patentable. In Nigeria, the Patents and Designs Act (PDA) does not define the term.


The Nigeria Patents and Designs Act, Chapter 344

ICLG - Patent Laws and Regulations - covers common issues in patent laws and regulations — including enforcement, amendment, licensing, term extension, and prosecution — in 28 jurisdictions. Send us an E-mail here to find out more about contributing the Nigeria chapter to this guide. If you wish to enquire as to whether this country chapter is available in a previous edition of Patents in print or PDF format, contact us here. Are you a legal expert practising in the field of Patents? If you wish to enquire as to whether this country chapter is available in a previous edition of Patents in print or PDF format, contact us here Check availability.

In order to view this website correctly, you will need to have JavaScript enabled in your browser. This page provides the texts both in English and Japanese of the industrial property laws and regulations in various countries. Please note that the translations of the texts and of the other information contained in this site are not official and are not always the latest. Please refer to the original texts of the laws of the countries concerned.

Since trade marks are crucial to the promotion of trade and economic development, it is no surprise that most developed countries often update their trade mark laws to reflect modern trends. As detailed as the UK Act was, scholarly opinion agreed that it was poorly drafted and deficient in many respects. This deficiency was wholly inherited by Nigeria.

Patent Games in the Global South

Following the lockdown order issued by the President of the Federal Republic of Nigeria in Lagos, Abuja and Ogun States to combat the spread of COVID pandemic, businesses and offices including intellectual property offices and courts in these jurisdictions have been mandated to substantially suspend operations. It is no longer business as usual and it is expected that this event will impact the protection and enforcement of intellectual property rights such as copyrights, trade secrets, trademarks, patents, and industrial designs in Nigeria in various ways. The major IP protection system likely to be affected include the IP registration and enforcement systems highlighted below. One of the methods of protecting rights to inventions, industrial designs and trademarks in Nigeria is through the registration process.

Specifically, the paper looks at provisions of the Patents and Designs Act as contained in Chapter of the Laws of the Federation of Nigeria The paper further examines provisions that address the exclusion from patentability, criteria for patentability, the rights conferred by patents in Nigeria and details the procedure for applying for the grant of a patent in Nigeria. Read more. This article reviews the interpretation placed on the said section by Nigerian Courts and an alternative interpretation is suggested. Many predict that over the next decade, Africa is likely to eclipse Asia as the fastest-growing economic region.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy. These concepts require adequate intellectual property protection to prevent misappropriation by third parties, which may lead to loss of possible income that may be generated by the owner from utilizing and maintaining a commercial edge over competitors who do not know or use them. Some of the recommended options of intellectual property protection available to owners of business concepts are highlighted below. Trade secret protection guarantees the owner automatic right over his business concepts without the need for registration. This right may be maintained indefinitely, if the secrecy is preserved and kept from becoming public knowledge.


i. A patent is a monopoly in respect of an invention. The Patents and Designs Act, Chapter P2 Laws of the Federation of Nigeria (the.


Information on Foreign Industrial Property Systems

Since trade marks are crucial to the promotion of trade and economic development, it is no surprise that most developed countries often update their trade mark laws to reflect modern trends. As detailed as the UK Act was, scholarly opinion agreed that it was poorly drafted and deficient in many respects. This deficiency was wholly inherited by Nigeria.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy. These concepts require adequate intellectual property protection to prevent misappropriation by third parties, which may lead to loss of possible income that may be generated by the owner from utilizing and maintaining a commercial edge over competitors who do not know or use them.

Specifically, the paper looks at provisions of the Patents and Designs Act as contained in Chapter of the Laws of the Federation of Nigeria The paper further examines provisions that address the exclusion from patentability, criteria for patentability, the rights conferred by patents in Nigeria and details the procedure for applying for the grant of a patent in Nigeria. Read more. This article reviews the interpretation placed on the said section by Nigerian Courts and an alternative interpretation is suggested.

Possible Impact of the COVID-19 Pandemic on IP Protection in Nigeria – Bisola Scott

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Artus L.

An Act to make comprehensive provisions for the registration and proprietorship of patents and designs in Nigeria and other matters ancillary thereto. [ No.

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