patents and designs act nigeria pdf

Patents And Designs Act Nigeria Pdf

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Published: 30.04.2021

An inventor who knows about patents and understands the best way to use them has a huge advantage in protecting their invention.

This Overview covers the various design rights both registered and unregistered that can be relied on by right holders in the UK.

THE PROTECTION OF INDUSTRIAL DESIGN

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The disruption occasioned by the corona virus pandemic globally is the defining occurrence of our time. It has affected all spheres and sectors of the global society, of which the intellectual property terrain is not an exception. With the announcement of the World Health Organisation WHO multi-country clinical trials termed "Solidarity Trials" 2 and increased funding of various research groups around the world, a cure is imminent. However, this possible cure raises some intellectual property rights concerns regarding the protection of the exclusive patent rights embedded in the inventions of new drugs, modifications of previously existing drugs or novel medical testing equipment.

Some of the drugs approved for clinical trials by WHO already possess patent protection, like Remdesivir , 3 and attempts have been made in some countries, like China, to patent similar Covid treatment drugs.

To address a problem of this nature, various international instruments and treaties 5 signed by several nations, 6 introduced the concept of compulsory licensing of patents to permit the exploitation of the exclusive rights held by a patentee over an invention, without necessarily obtaining his consent.

In light of this, one uniform question resonating in the minds of the public is whether these arguments are still viable with reference to the use of such essential inventions during extreme emergencies like the Covid pandemic. This monopolistic right held by a patentee does not exist in perpetuity; it subsists for a specified duration of time after which it falls into the public domain.

The rationales for such monopoly is to promote economic and technological development, encourage creative efforts and to enable the inventor derive benefits from his invention before it falls into the public domain. In most jurisdictions, with the aid of international treaties, 8 the duration of a patent typically spans for at least 20 years.

In Nigeria, a patent expires at the end of the twentieth year from the date of the filing of the patent application. It is pertinent to note that it is not all inventions that are patentable. The Agreement on Trade Related Aspects of Intellectual Property Rights TRIPS Agreement provide that " patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step 10 and are capable of industrial application.

The exclusive rights to a patent conferred on a patentee could be in relation to either a product or process. In the instance where the patent rights granted relates to a product, the patentee has the exclusive right to prevent third parties from making, using, offering for sale, selling, importing or stocking the resulting patented products for the purpose of sale or use without obtaining its authorization.

It should be noted that these exclusive rights are not without limitations or exceptions. The rights under a patent in Nigeria, extends only to acts done for industrial or commercial purposes and does not extend to acts done in respect of a product covered by the patent after the product has been lawfully sold in Nigeria, except in so far as the patent makes provision for a special application of the product, in which case the special application will continue to be reserved to the patentee.

Despite the exclusive nature of the rights bestowed on a Patent owner, there are a number of limitations to those exclusive rights. Compulsory licensing is one of such limitations.

Compulsory licensing of a patent involves the use of a patented product or process without necessarily obtaining the consent of the Patent owner. The concept of compulsory licenses has been recognized by various international treaties and agreements.

Article 5 2 of the Paris Convention for the Protection of Industrial Property 17 empowers each contracting state party to the convention with the right to " grant compulsory licenses to prevent abuses which might result from the exercise of exclusive rights conferred by the patent Paragraph 5 b of the Doha Declaration 18 similarly states that " each member has the right to grant compulsory licenses and the freedom to determine the grounds upon which such licenses are granted.

This kind of license is usually applied to and granted by the court based on certain specified grounds 19 or authorized by the Minister in the interest of the public.

When issued, the license is non-exclusive, it does not permit the compulsory licensee to carry out importations or grant further licenses except in limited circumstances. One of such instances is governmental use of a patented invention as an emergency resort during a period of emergency like the COVID public health emergency. Paragraph 4 of the Doha Declaration expressly permits WTO members to take measures to protect the public health of its citizens.

Similarly, Paragraph 16 of the Patents and Designs Act in Nigeria also stipulates when a compulsory license can be issued for public health reasons. In situations of a public health emergency and in the interest of the public, the Minister is empowered to authorize any person to purchase, make, exercise or vend any patented article or invention for the service of a government agency in Nigeria. However, the enforcement of provisions in various patent laws relating to compulsory licensing during situations of an emergency is not recent.

Also, the Taiwanese government issued a compulsory licence for the generic production of Tamiflu , a patented drug owned by the pharmaceutical manufacturer, Roche, for the treatment of persons diagnosed with the avian flu in order to ensure the country has sufficient quantities of the drug in anticipation of a foreseeable pandemic. More recently, following WHO's declaration of the corona virus as a global public health emergency, 30 several countries began taking pre-emptive measures by issuing compulsory licenses and amending existing laws to accommodate the issuance of compulsory licences in response to the ongoing pandemic.

Irrespective of the exclusive nature of patented inventions, such monopolistic rights are not without limitations. During periods of emergencies, like the current public health emergency occasioned by the Covid pandemic, the government is empowered through a system of compulsory licensing to interfere with exclusive patent rights over essential inventions in the interest of the public. The provisions in some of the international treaties relating to patent stipulate that " each member has the right to grant compulsory licenses and the freedom to determine the grounds upon which such licenses are granted.

Also, patentees could consider the idea of voluntary licensing of their patent rights and entering negotiations with relevant authorities once they discover that their inventions are needed in periods of emergencies, as part of their civic duties to the state.

Instead of viewing compulsory licensing as a hindrance on their exclusive rights they could consider it as a fulfilment of their collective social responsibility to their community and use this medium to negotiate other kinds of benefits from the government, like tax reductions and other incentives, in exchange for access to their exclusive rights.

In this regard, the need to engage the services of an intellectual property lawyer, well-grounded in the field of patent rights protection, would be relevant in negotiating and drafting such agreements. However, Remdesivir is widely patented across various countries in the world.

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Sandra Eke. As industries race to gain a legal monopoly on their unique innovations through marks registration, we are inundated with an ever-increasing number of products with. The Copyright Act LFN is the principal law that governs, protects copyrights in Nigeria, while the regulatory agency that supervises copyright registration in Nigeria is the Nigerian Copyright Commission.

Nigeria is Africa's most populous nation with the largest economy in the continent and a fast-growing services sector with an increasing need for consumer goods. From Campari to Coca-Cola to Google's PageRank, businesses and corporations have continued to keep their trade secrets, to enhance prospects of their long term, sustainable future through market relevance and profitable business operations.

Concerted efforts have been made over the years at promoting IP rights in Nigeria with some positive results being achieved. The trademark search is actually the first step for trademark registration in Nigeria. Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. Register For News Alerts. Article Tags.

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Nigeria: Patent Laws and Regulations 2021

Innovation is crucial to the development and deployment of technologies. A widely deployed model to understand technology builds on the concept of the technology life cycle. Different processes occur at each stage of the life cycle, providing various opportunities to employ instruments that promote innovation. One group of such instruments relates to IPR. IPR refers broadly to the ownership of intellectual findings in the industrial, scientific, literary and artistic fields. IPR grants inventors certain exclusive rights over their creations; it aims to encourage creative activity for the benefit of society by affording inventors an opportunity to derive fair returns from their investments. Traditionally, IPR is divided into two forms: industrial property rights and copyright.

Growing frustration in the fashion community regarding weak or non-existent intellectual property laws has finally caught the attention of some nations. Nigeria is one nation that currently is trying to alleviate this frustration by reforming its intellectual property laws. This reform is driven, in part, because, Lagos, Nigeria has quickly risen as a fashion hub, and has been compared with such fashion centers as London, Paris, Milan, and New York. Nigerian designers have recently experienced great global success and visibility. For example, Amaka Osakwe has been pushing the limits of Nigerian fashion and has gained the attention of fashionistas in the United States and abroad. Last year, Ms.

The Nigeria Patents and Designs Act, Chapter 344

In Nigeria, an industrial design can be protected by registration, with the Nigerian Patents and Designs Registry. The Patents and Designs Act [5] governs the registration of industrial designs and according to the Act, an industrial design is registrable if it is new and not contrary to public order or morality. An industrial design is new if it has not been made available to the public before an application for registration is filed at the registry. For instance, if it has been advertised, it will not be regarded as new as it has become part of the public domain.

Specifically, the paper looks at provisions of the Patents and Designs Act as contained in Chapter of the Laws of the Federation of Nigeria The paper further examines provisions that address the exclusion from patentability, criteria for patentability, the rights conferred by patents in Nigeria and details the procedure for applying for the grant of a patent in Nigeria. Read more.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy. A substantial political economy literature, dating back to the eighteenth century, exits on the determinants of property rights. One of such property rights is the right to obtaining a patent on a discovery or an invention. Around the world we all enjoy and make use of things, varying from medical discoveries and inventions to electronic devices and their compatible applications.

Overview of Patents & Designs in Nigeria

In a recent edition of the nation's favourite soap, Coronation Street, a small incident occurred which illustrated in a nutshell the problems facing the deviser of an industrial design in seeking to protect that design from being copied. Angie, a student of fashion design at the local polytechnic put on a successful show of her designs. Emboldened by the favourable reception she set out a couple of days later for an appointment with a local dress manufacturer to try and sell her designs. She returned a few hours later in tears and with hopes dashed. She had arrived at the firm only to discover that her designs were already being made up into dresses.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy. The disruption occasioned by the corona virus pandemic globally is the defining occurrence of our time. It has affected all spheres and sectors of the global society, of which the intellectual property terrain is not an exception.

Обе хорошенькие. Сердце Беккера подпрыгнуло. - Очень хорошенькие? - повторил он с нарочитым немецким акцентом.  - Рыженькие. - Да, а как зовут вашего брата.

What Is a Provisional Patent?

Фонтейн почти во всем полагался на Стратмора и верил в его план, в том числе и в достойную сожаления, но неизбежную необходимость устранять Энсея Танкадо и в переделку Цифровой крепости, - все это было правильно. Но одно не давало Фонтейну покоя - то, что Стратмор решил прибегнуть к услугам Халохота. Тот, конечно, был мастером своего дела, но наемник остается наемником. Можно ли ему доверять. А не заберет ли он ключ .

Один из лучших в городе. - Да, - произнес голос.  - Я знаю эту гостиницу.

Повернувшись в полном отчаянии, она ожидала услышать шум смертельной борьбы на полу, но все было тихо. Все вдруг сразу же смолкло: как если бы Хейл, сбив коммандера с ног, снова растворился в темноте. Сьюзан ждала, вглядываясь во тьму и надеясь, что Стратмор если и пострадал, то не сильно. После паузы, показавшейся ей вечностью, она прошептала: - Коммандер. И в тот же миг осознала свою ошибку.

 - Я опытный диагност. К тому же умираю от любопытства узнать, какая диагностика могла заставить Сьюзан Флетчер выйти на работу в субботний день. Сьюзан почувствовала прилив адреналина и бросила взгляд на Следопыта. Она понимала, что не может допустить, чтобы Хейл его увидел, - последует слишком много вопросов. - Я хочу сохранить это в тайне, - сказала .

The Nigeria Patents and Designs Act, Chapter 344

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Stacy H.

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Chrisviracmins1958

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Alfie P.

An Act to make comprehensive provisions for the registration and proprietorship of patents and designs in Nigeria and other matters ancillary thereto. [ No.

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