OVERVIEW OF INTELLECTUALPROPERTY RIGHTS

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Presentation transcript:

OVERVIEW OF INTELLECTUALPROPERTY RIGHTS 15th July, 2015 Professor Bankole Sodipo Former Dean of Law, Babcock University & Partner G.O. SODIPO & co Barristers, Solicitors and Arbitrators b.sodipo@gosodipo.com

WHICH RIGHTS? Intellectual Property and Allied Rights: Patents Designs Trade Marks Copyright Plant and Animal Variety Confidential Information or Trade Secrets Traditional Knowledge Overlapping Rights

IDENTIFY POSSIBLE IPRs

THE PROBLEM WITH PATENTS Applicable law: Patents and Designs Act, 1970. New, Not Obvious, Industrially applicable No substantive examination, only formal examination. Right to stop 3rd parties from making, importing, using, etc What is patentable : NAFDAC cases Technology to detect counterfeit drugs Software Business Patents COARTEM: Dihyro-artemitesinin Patent not filed in Nigeria: No protection if no other IPR Who owns rights in Commissioned Invention: MOBIL PATENT CASE Commandclem COARTEM

TRADE MARKS Management of Brand: Arthur Andersen, Indomie Trade Marks Act, 1965, Merchandise Marks Act Logos, names, Right to stop 3rd parties from using identical/confusingly similar marks Origin, Quality, Distinguishing one product or service Shapes: Guinness Bottle – Sounds, Smell Registration: Infringement Non-registration, Passing off Due Diligence Examination: TETMOSOL – ICI demerged to become – ICI & ZENECA. ASTRA took over ZENECA to become ASTRAZENECA. JAGAL Nigeria continued to manufacture TETMOSOL under licence from ZENECA but the assignment from ICI to ZENECA was not registered at the Trade Marks Registry. CAMA options: CITI Bank CITI Corp CitiFinance, etc HONEYWELL, SONY Management of Brand: Arthur Andersen, Indomie

COPYRIGHT Copyright Act, 1988 Literary works, artistic works, musical works, sound recordings, cinematographic films, broadcasts What is a work: Laws of Federation – SUN v THISDAY Accenture case Who owns rights in a work: Charlie Boy v Multichoice Commissioned Work – Employee Works: MTN v LOLO; YADEKA software case

DESIGNS Patents and Designs Act, 1970 Right to restrain 3rd parties from using design Shapes of containers: STAR, GUINNESS etc Textiles Parts of equipment, vehicles, etc Courts demand MOULD be deposited `