Protection of intellectual property

Jeremiah Kaduma, an information technology enthusiast and diploma holder with National Institute of Information Technology in JAVA enterprise development built before my eyes a photo detecting switch that automatically switches on or off when light intensity heating the sensors reaches a particular level. This wonder invention was done with an arduino development board, photo resistor […]

Jeremiah Kaduma, an information technology enthusiast and diploma holder with National Institute of Information Technology in JAVA enterprise development built before my eyes a photo detecting switch that automatically switches on or off when light intensity heating the sensors reaches a particular level. This wonder invention was done with an arduino development board, photo resistor and a relay.
To make us understand what was going on, he said that with an arduino you can automate pretty much anything you can think off electrically, adding that with this device one can control any electronic in an apartment, from turning on televisions, fridge, and light bulbs using a mobile app or Bluetooth, depending on how it is programmed.
As amazing and interesting as this creativity sounds, the devices and software used are readily available and assessable in the Nigerian market, this genius is yet to create a module specifically to his name and sell to the Nigerian market. The skill and knowledge used to achieve this invention is called intellectual property (IP). By definition, IP is “a work or invention that is the result of creativity, such as manuscript or a design, to which one has rights and for which one may apply for a patent, copyright and trademarks.”
The focus of this discourse is the viability of the intellectual property industry to the practice of a young lawyer. There are so many Nigerian geniuses with jaw dropping inventions and creations but fear letting the information out to the wrong hands. I have a friend who created a software application and needed to know if the protection required is patent, trademarks or copyright before she can develop it.
The laws governing intellectual property include Nigerian Copyright Act {Cap C28 laws of the federation 2004} which establishes the copyright commission to be responsible for all matters affecting copyright in Nigeria, to enlighten and inform the public on matters relating to copyright.
The Patents and designs Act {Cap p2 Laws of the Federation 2004} is an act to make comprehensive provisions for the registration and proprietorship of patents and designs in Nigeria. Subject to the Act, an invention is patentable if it is new, results from inventive activity and is capable of industrial application. The inventor or his agent, through a power of attorney, shall make every patent application to the Registry of trademarks, patents and design.
This is a brief overview of the protection of intellectual property in Nigeria. The law has put in place the mechanism to protect the creativity and talents of Nigeria. But sadly, this aspect of the law is lacking when it comes to revenue generation for both the government and the legal practitioner, not because Nigerians don’t invent things but they are quite unfamiliar with the approach to take in protecting a product of their intellect.
This is similar to incorporation of companies at the Corporate Affairs Commission. Any young lawyer can develop this aspect of his practice, the many creative minds of Nigerians is a good market base, and we have the ability to help protect their intellectual property.
Many are sometimes doubtful to further the protection of their intellectual property be it a book, movie script, software application et al, because they feel the laws of the land are inadequate, when in the actual sense, the laws on intellectual property are not been put to adequate use by the citizens of the country.
The U.S Bureau of economic analysis and the national endowment for Arts estimated that in 2011, the arts and culture sector of the economy contributed $502 billion or 3.2% of Gross domestic product… the U.S department of commerce reported that the performing arts and related activities were a value added to the US economy, generating $83 billion (0.6 percent of the GDP).
The same should be replicated in Nigeria. Registration of intellectual property should be done by one commission, so that the public can know the right place to go when seeking intellectual property protection. This would also assist the young lawyer in the performance of his legal duty.
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