Patents, Designs Act: Reform Commission identifies defects, seeks reforms

As the Nigerian Law Reform Commission (NLRC) identifies the defects in the Patents and Designs Act (1970), the Federal Government has said its reform is a development that is necessary to encourage the diversification of the economy it is promoting. This assertion was made by the Attorney General of the Federation and Minister of Justice, […]

As the Nigerian Law Reform Commission (NLRC) identifies the defects in the Patents and Designs Act (1970), the Federal Government has said its reform is a development that is necessary to encourage the diversification of the economy it is promoting.

This assertion was made by the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), at the gathering of legal experts across board at a workshop to review the act by the NLRC.

Malami said government will give full support to the elevation of suggestions towards the reform as it channels a new path from the oil-sector.

Represented by the Special Assistant to the President on Coordination and International Affairs, Pius Oteh, the AGF said the current policy of government is to encourage a diversification of the economy through the encouragement of private sector investments in the non-oil sector, especially industrialisation, adding that he hopes the “reform exercise will bring about a sound and comprehensive Patents and Designs Act that will stand the test of time.”

Setting the stage for further deliberation, the Chairman of NLRC, Barrister Kefas Magaji, said the proposals for the reform include the “amendment of the Act to define the words patent, utility model certificate and invention”, and also a new provision to adequately cater for some inventions made in execution of a commission or by an employee.

“The Act was enacted in 1970 and over the years, several changes have taken place in Nigeria which has created the need to reform the Act and encourage creativity and inventions in order to boost the technological and industrial needs of the country,” he added.

He said many countries, particular developed countries have begun to address the challenges of setting up an appropriate patent system in place to reap its economic benefits.

“The Federal Government has embarked on diversifying from the oil sector to other sectors and has placed emphasis on encouraging the development of science and technology to promote research and invention that is scientifically oriented.

“Granting exclusive right to a patentee and a sole proprietor of a design for a limited period will promote investment to commercialise and market new inventions so that the general public can enjoy the fruits of the innovation,” Magaji said.

A working paper by the NLRC to guide the discussion at the workshop declared that the Act is in need of reform as a result of its defects.

Key among the defects, the NLRC said, is the fact that the Act does not define the words “patent” and “invention” or outline the rights and obligations of the patentee. “This can only be done by inference. However, in other jurisdictions, the rights and obligations are well spelt out,” it added.

The NLRC said there should be adequate provisions in the Act to cater for inventions made in execution of a commission or by an employee. 

It went further to suggest that the Act should provide for revocation of patents by the Registrar of Patents in order to save time and cost of litigation; and aid in court decongestion.

“Provisions on opposition of registration of designs should be included in the Act. The duration granted to the sole proprietor of the design is too short and need to be reviewed upward,” it further suggested.

 Under the present Act, the NLRC noted that there is no provision for offences and penalties.

“Considering the fact that infringement of these rights also affects public interest, the Act should provide for these and utility models in order to stimulate local inventions and technology in line with what obtains in some jurisdictions like China, Germany, Japan, Korea, Sierra Leone and Ghana,” it said.

Consequently, the NLRC, pursuant to Section 5 of its enabling Act, said it embarked on a reform of the Act which has been in operation for almost 47 years and is in dire need of reform, to keep pace with time and reality of modern developments.