Did you know...?

A patent infringement lawsuit concerning

a Bedding Holding Ltd.(BHL) technique
involves the Independent National
Electoral Commission (INEC).
 BACKGROUND
Bedding Holding Limited (BHL), a longtime special
contractor for INEC and a company that specializes
in the fabrication and manufacturing of steel metal
products, filed a lawsuit against the electoral body
for using its patent and industrial design for the
transparent ballot box, proof of address system,
electronic card reader, and PVC without permission
and for violating the licensing agreement that they
sublicensed to another business.

@IPSERIES1 Swipe!
 @ipseries_with_reedah
#Intellectualproperty Tips

WHAT IS A
PATENT
An invention that has a technical
solution to a problem that is not
obvious to a skilled person and
involves an industrial process is
protected by a patent, which gives
the inventor the sole right to stop
unauthorised use, sale, importation,
and stocking of the invention based
on the terms of the claim and the
description provided in the patent
application. Read the Nigerian
Patent and Design Act's sections 1
and 6(2)(a) and (2).
Rita Anwiri Chindah Swipe
Lecturer, Intellectual Property Lawyer,
Podcast Host and Blogger IPSERIES
 TAKE NOTE:
The Nigerian Patent and Design Act, section 10, states that a
patentee seeking a licence may submit a written request to
the Registrar to register the words "licences of right," while
(2) paragraph (a) further states that the patentee shall have
the right to obtain a license to exploit the patent and that, if
an agreement fails, the court shall fix the patent between the
patent owner and the patentee, with the fee (royalty) being
reduced by half due to the annual fees. Paragraph (b)

ipseriesinfo@gmail.com
 @ipseries_with_reedah
#Intellectualproperty Tips

WHAT IS AN
INDUSTRIAL
DESIGN
A new combination of lines,
colours, or even both are
protected by an industrial design,
as is any three-dimensional
form, whether or not it contains
colour. However, under section
14(1) and (2), only the true creator
shall be identified and given
ownership rights to the first
person to file an industrial design
or to a validly asserted foreign
priority, in this case, Bedding
Holding Limited.

Rita Anwiri Chindah Swipe

Lecturer, Intellectual Property Lawyer,
Podcast Host and Blogger IPSERIES
 Did you know...?
As an industrial design applicant, you can ask the
registry to keep their design a secret for at least 12
months from the date of application and shall be
enclosed in a sealed package and shall be opened
by the Registrar when the 12 months have elapsed;
before it has elapsed per the applicants request
that it be converted into an open application. Read
section 18(1) paragraph(a) (i-iii)
HELLO

MARCH
Let's Start With Positive Things
#INECStoleOurMandate
@ipseries_with_reedah
What is a
Patent
Infringement?
In accordance with Section 25 of the
Patent and Design Act, it is illegal for
someone to apply a process, reproduce a
design, or use it for commercial purposes
when they do not have permission from
the patent or design owner. This is what
Bedding Holding Limited did in this case
when they filed a lawsuit against INEC.

@ipseries_with_reedah
 Did you know...?
The First Schedule part III of the Patent and Design Act talks about
the use of a patent for service by a government agency such as INEC
and paragraph 15 states that where a minister or commissioner uses
a patent for the interest of the public, they may authorize any person
(eg INEC Chairman) to purchase, make, exercise any patented
invention for the service of the government agency established by
the law to perform its function while paragraph 17 further provides
that the government agency shall be exempted from any liability of
infringement or payment of royalty.
#Intellectualproperty Tips @IPSERIES1

AVAILABLE REMEDIES
Damages, INEC has a pending monetary
#01 judgment of N17,258,820,000 (not sure it's been
cleared) and a garnish order to that effect.

#02 Injunction

#03 Account of profit

Rita Anwiri Chindah Swipe

Lecturer, Intellectual Property Lawyer,
Podcast Host and Blogger IPSERIES
The Burden Of Proof In A
Patent Infringement
1. The burden of proof is borne by the
claimant ie Bedding Holding
Limited.
2. Lack of consent from the alleged
infringer.
3. Reduce the burden of proof if no
new work was created from the
patented invention.
How To Choose The Right
Intellectual Property
Mechanism
Identify the elements with
commercial value.

Opt for a multi-layer scope of

protection.

Always carry out a risk assessment to

identify the possible risk to your
intangible assets

Develop a good reputation for

enforcing your
intellectualproperty rights
Tips for inventors and
manufacturers
Always protect your invention and
1 relevant intellectual property before
engaging in any transaction.

Define your relationship by drafting and

2 signing specific contracts eg licensing
agreement

Ideas can not be patented and neither

3 enjoys any intellectual property
protection.

Be proactive in enforcing your

4
intellectual property rights.

@ipseries_with_reedah
 IF YOU FIND THIS
USEFUL, SHARE THIS
WITH YOUR BELOVED
ONES. REMEMBER,
SHARING IS CARING.

Follow me @ipseries_with_reedah