Many business owners don’t realize they need to legally secure their intellectual property until a problem arises. Intellectual property is simply the creation of the human mind. It is the intangible property of human creation. According to the World Intellectual Property Organization (WIPO), Intellectual property refers to creations of the mind: inventions; literary and artistic works; and symbols, names, and images used in commerce. In this article, we briefly anatomize Intellectual property Laws in Nigeria.
FORMS OF INTELLECTUAL PROPERTY LAW IN NIGERIA ;
Basically, a number of laws have a bearing on the protection and administration of the different rights that make up intellectual property. However, the three main statutes governing intellectual property Law in Nigeria are the COPYRIGHT ACT, the PATENTS and DESIGNS ACT, and the TRADEMARKS ACT.
INTELLECTUAL PROPERTY LAW IN NIGERIA
Copyrights shield creative ideas transferred to a tangible medium of expression, like a literary, artistic, musical, or architectural work or performance. It doesn’t protect ideas, facts, methods of operation, or systems. Copyright is the exclusive rights granted to the creator of an original work. It also simply means the right to copy. Copyright gives the owner the exclusive right to authorize or prohibit certain uses of his work by others. Copyright and related rights are governed by the Copyright Act Cap 68 Laws of the Federation of Nigeria 1990.
The body responsible for matters concerning copyright and related rights in Nigeria is the Nigerian Copyright Commission. Exclusive rights of copyright are divided into two; moral rights which protect the reputation and the integrity of the author and economic rights which gives the author the right to earn profit by direct or indirect exploitation of a work.
Section 1(1) of the Copyright Act provides for works protected by copyright which include;
(a) Literary works
(b) Musical works
(c) Artistic works
(d) Cinematograph films
(e) Sound recordings
(f) Broadcasts
It is important to note that copyright does not protect ideas unless it original and fixed. According to section 1(2), a literary, musical, or artistic work must satisfy the twin requirements of originality and fixation. Works that satisfy these requirements enjoy automatic copyright protection, without the need for registration or compliance with any formal or procedural rules.
However, the Nigerian Copyright Commission (NCC) provides owners of copyrights the option to deposit a copy of their works with the NCC and receive a certificate that serves as notification of the existence of the work to the general public…
To be continued…