INTELLECTUAL PROPERTY RIGHTS – THE GENESIS OF OWNERSHIP!

By Barr. Ifunanyachukwu Hephzibah Nwana

PREAMBLE

According to Gillian Dunn, a professor at Durham College Ontario, Canada,

there are two types of people in the world - those that sing in the shower and those that perform
in the shower. And she is a performer.

She would utilize the small space in her bathroom, with her shampoo bottle as her microphone and
stretch her vocal cords as loud as she can, as she sings melodically in the shower. Once she is done
in the bathroom (her studio), the next most important thing is choosing what to wear.

Speaking of what to wear, I have often wondered whose invention it was. The story about famous
inventions and their inventors are globally known and celebrated. We know about the light bulb,
invented by an American, Thomas Alva Edison in 1879; and the computer, invented by an Englishman,
Charles Babbage in mid-1830s. There are, however, a plethora of inventions which seem to have
been neglected or taken for granted - clothes, toothbrush, etc. History has it that the idea and
invention of sewing clothes originated from the Neanderthals. Mary Kies was recognised on the 5 th
of May, 1809 as the first woman to receive a patent in the United States for her technique of
weaving straw with silk, since then many have improved on these inventions.

In the main, an inquisitive mind searches for a solution to some nagging problem. The challenge to
fulfil the inquisitive, investigative mind drives him into tinkering or searching books to come up with
something NEW. Eureka! We hear. Just as Archimedes the Greek mathematician, physicist,
engineer, inventor and astronomer (him alone???), let out from the bath tub!! Then life begins to
change. What next?

This paper aims to guide the innovative mind, the inventor on the stages he has to traverse to
MAKE IT, after discovering it or inventing it. Just a little legal information.

WHAT IS INTELLECTUAL PROPERTY {IP}

Intellectual Property {IP} may be defined as the proprietary ownership of an invention or an

innovation. This is basically your idea, the creation of your mind. It is intangible, but very important
and real. It is very difficult to place a value on it. Consequently, you have to keep the idea
confidential and proprietary because it is what drives your business and determines your success.
Therefore, you want to keep it protected by a government agency, hence the intellectual property
right.

TYPES OF INTELLECTUAL PROPERTY RIGHTS

There are six basic types of Intellectual Property

PATENTS {Inventions}
This is the exclusive right granted to an inventor over the invention. A patent ownership gives the
owner of the patent the right to trade on the patent and to decide whether others can/may make
use of the work. These are things you create and sell to make money. The patent gives you all the
rights to them for a period of time. Only the inventor can apply for a patent.

However, if Mr. A is working for a company and comes up with a new invention of whatever product,
the patent will be registered in the name of Mr. A as the inventor of that product but it will also be
assigned to the company Mr. A works for on exclusive basis. Exclusive to the extent that even Mr.
A cannot make money from that product but would always be recognised and credited as the
inventor of that product
TRADEMARKS {Marks used in commerce}
Note that you do not trademark a name, you trademark a mark. Marks are different from names,
though a mark could be in form of letters, a word, a combination of letters. A mark is what you put
on your product or service to identify them in the stream of commerce.

COPYRIGHT
Works of authorship, music, poems, literary works, paintings

INDUSTRIAL DESIGNS
This is the ornamental or aesthetic aspect of an article or product. This may be three dimensions or
two dimensions and is used to protect the peculiar design of an invention and distinguish it from
others.

Other types of IP not yet applicable in Nigeria however include, TRADESECRET {You can’t register
a trade secret}, GEOGRAPHICAL INDICATORS {These refer mostly to the place of origin of the
product for example Norway Stock Fish. This type of description is used to distinguish and
establish originality, such that integrity of the product is established as genuine.

Patents, Trademarks and Copyrights are legal monopolies. Legal monopoly does not give you
ownership, however, government grants you the exclusive right to make money from that particular
Intellectual Property for a period of years, subject to certain conditions, the implication of which is
actionable on infringement. On the account of an infringement, you can sue them and make them
stop, and win the right to collect money or royalties from them.

THE NIGERIAN PESPECTIVE

The light and life of the nation are still those ideas which morph into inventions and innovations.
Intellectual Property remains the only means to propagate and enhance them. This is one of the
major objectives of the ASSOCIATION OF NIGERIAN INVENTORS {ANI} to promote invention
and innovation for the sustainable development of the Nigerian economy, as well as encourage the
protection of the rights of inventors and innovators within the ambit of the Nigerian law.

The National Office for Technology Acquisition and Promotion (NOTAP), a parastatal under the
Federal Ministry of Science and Technology (FMST), was established to regulate the inflow of
foreign technology into the Nigerian economy, and develop appropriate means adapting the acquired
technology. NOTAP evaluates agreements of technology transfer in terms of its legal, economic and
technical merits to the economy. In addition, NOTAP has far-reaching responsibilities which
include:

 Promotion of innovation, patenting, intellectual property rights (IPR) and related matters
through workshops, seminars and awareness building programmes
 Promotion of viable R&D results and inventions at trade fairs, techmarts, etc. at both
national and international levels
 Commercialization of viable R&D results and inventions

For the effective discharge of its mandate, NOTAP has established Intellectual Property
Technology Transfer Offices (IPTTOs) in universities, polytechnics and research institutions
across the country. The IPTTO is designed to develop a robust IPR portfolio through patenting,
copyright and technology licensing, to support the institution’s initiative in developing patenting
culture.

In summary, the legal structure is established to exercise your Intellectual Property Rights near
you. Once an invention come to life, you should protect it within the ambit of the law. The owner’s
proprietary interests must be protected.

Long live ANI.