IP Protection- What, How & Where By Ese Oraka Partner, Adelphi Consulting Being a Presentation made at the Anadach Workshop on the Dynamic Role of Intellectual Property in promoting Economic Development

The Objective Help participants understand Intellectual Property with What to Protect’ How to protect it and Where to Protect it’.

The Etymology of Property Property Personal Property Personal Chattel Intangible Intellectual Property Personal Property Economic Property Real Chattel Tangible Real Property

Note: “Turning an idea into an IP platform depends on three conditions: Having a good idea, having full ownership of the idea and having an idea that is legally protectable.” Efrat Kasznik

Intellectual Property refers to intangible property owned by a person in the product of his or her intellectual effort Creative/Academic Work: Copyrights Database Rights Trade/Business/ Economic Interests: Trademark, Industrial Design, Trade Secrets, Goodwill Invention: Patents, Plant Breeders Rights

IP Value Extraction in Action Intellectual Capital Value Extraction IP Creation Exclusivity/Monopoly Marketing/Chilling Effect Industry Standard/ATT Asset/Financing Prestige/Brand Bargaining Power

IP Asset and Protection Invention Logo, Mark Physical expression of ideas Marketplace and Existing Technology Knowledge Patents Trademarks Copyrights Trade Secrets Contracts Publication Type of AssetMode of Protection

Analyzing Protection Mechanisms TypeCostProtectionEnforceableContent Patenthighstrongyesidea Copyright ©low yesexpression of idea Tradesecretlow-strong~no/ ~yesany Trademark ®moderate yesname, logo Designmoderate yesdrawing

Where IP TypeWhereRelevant Laws CopyrightsNigerian Copyrights Commission Self Copyrighting Copyright Act (Chapter C.28, as codified 2004) (2004) Copyright (Amendment) Decree No (1999) Copyright (Amendment) Decree No (1992) Trademark s Registry of Trademarks Patents & Designs Trade Marks Act (Chapter 436) (1990) PatentsRegistry of Trademarks Patents & Designs NOTAP (Drafting, Payment, Commercialization) Patents and Designs Act of 1971 (Chapter 344) (1990) Trade Secrets ?

The business model canvas OFFER CHANNELS RELATIONSHIPSCLIENTS REVENUE STREAMS COST CENTRES KEY PARTNER KEY RESOURCES KEY ACTIVITIES Source: Canvas by businessmodelgeneration.com Who‘s your customer? Which customer segments do you serve? What‘s your offer? Which „jobs to be done“ do you satisfy? What‘s your relationship to the customer? What‘s your image? How do you reach your customers? How do you make money? What is driving cost? What are your core activities and processes? You are your main suppliers, partners and alliances? What are your main assets and competencies? Describing your business model

Business Model Canvas- Disney

Geographical Scope of IP Almost every country has its own patent law, and a person desiring a patent in a particular country must make an application for patent in that country, in accordance with the requirements of that country. Since the rights granted by a Nigerian IP extend only throughout the territory, they have no effect in a foreign country. A creator or inventor who wants IP protection in other countries must apply for registration in each of the other countries or in regional patent offices.

Global Arrangements The Patent Cooperation Treaty (PCT) streamlines the process of filing patents in multiple countries. By filing one patent application with the Nigerian Patent and Trademark office, applicants can concurrently seek protection in up to 143 countries The Madrid Protocol also makes it easier to file for trademark registration in multiple countries. By filing one trademark registration application with USPTO, U.S. applicants can concurrently seek protection in up to 84 countries.

Trade-Related Aspects of Intellectual Property Rights (TRIPS) The Agreement on Trade-Related Aspects of Intellectual Property establishes minimum standards of protection for each category of property rights. These standards should be integrated into the national legislation of all World Trade Organization (WTO) Members and they should be applied in accordance with the principles of most-favoured-nation and national treatment. TRIPS is the trade agreement with most implications for the production of and access to drugs, particularly in developing countries. The agreement aims to bring Intellectual Property Rights (IPR) systems around the world together under a common international set of rules, thus addressing problems of international piracy and IPR infringements.

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About Ese Oraka Ese Oraka is a Business Designer and lawyer with over twelve years post call-to-bar experience. His core competencies are in the areas of Business & Intellectual Property Law, Organizational Strategy/Planning, Corporate Communications, Team Design & Team Building. His edge is in His ability to bring diverse knowledge, skill and experience to bear on his clients strategic business objectives. He also has a passion for setting up and organizing teams with diverse skill sets and a common goal. Ese’s networks are wide, spanning the business, regulatory, creative, financing and academic communities. He has worked as a Program Manager (JDPC), Brand Strategist (Headstart), Account Manager (DDB Lagos), Business Consultant (Onebox Solutions) and a Corporate Law/IP Consultant (Law Allianz & Chocolate City Group) He was a fellow at the Institute for Venture Design, a collaboration between FATE Foundation and Stanford University’s Center for Design Research. He is a founding partner at Adelphi.

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