Business and Legal terms
Data & Data protection
Does copyright protect website Domain names?
No, copyright does not protect domain names.
Do I need permission to copy or use any copyright material in Nigeria?
You do not require permission under the Nigeria Law to use or copy a copyright material when it is for research purpose, educational, non-commercial purpose, reviews and criticism etc
However, when the copies are large, you must seek permission from the copyright owner.
Must I register my work with the Nigerian Copyright Commission?
No, you must not register your work under the Nigerian law but you have the option to do so. This is because as soon as the original work becomes fixed and tangible it automatically becomes copyrightable.
Who benefits from copyright in Nigeria?
The creator of the original copyright work (the Author) is the one who benefits but he can transfer his right to a third party.
Is my copyright registration in Nigeria protected globally?
The nature of copyright is territorial, so the copyright work is only protected in the country of registration
Does a trademark search automatically reserve my trademark name?
No, a trademark search does not automatically reserve that which is sought to be trademarked. A search ascertains whether that which is sought to be trademarked is available or violates any existing trademark.
Does Trademark registration protect my website domain name?
Will my trademark registration in Nigeria protect me worldwide?
No, all intellectual property (IP) rights which includes trademarks are territorial, which means you are protected in the countries in which you register them.
How long does a trademark registration in Nigeria Last?
Trademark is valid for seven years from the date of application but you may renew the application for the trademark for an additional period of 14years.
What do I need for a trademark search in Nigeria?
To do a trademark search you will need the name or/and logo (device) of the trademark to be searched and the Class of the trademark that accurately describes it.
What is a copyright?
Copyright is the exclusive legal right given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorise others to do the same.
what does copyright protect?
- Music, books, brochures and written materials.
- Photographs, drawings and illustrations.
- Films and videos.
- Logos and packaging.
- Computer programs and games.
Who benefits from copyright protection?
The creator of a copyright work, usually referred to as the “author” of the work owns the copyright in the work in the first instance. However, the author is at liberty to transfer his rights to a third party. In such a case, the person who has obtained the right by transfer or other legal means becomes the owner of the copyright.
What is eligible for Patent registration?
Patents are granted for the invention of products or processes. However, for it to be patentable, the invention
- Must be new,
- Must have an inventive step that is not obvious to someone with knowledge and experience in the subject,
- Must be capable of being made or used in some kind of industry and not be, a scientific or mathematical discovery, theory or method, a literary, dramatic, musical or artistic work, a way of performing a mental act, playing a game or doing business, the presentation of information, or some computer programs, an animal or plant variety, a method of medical treatment or diagnosis,
- And must not be against public policy or morality.
What is the importance of registering a patent?
The main reason to register a patent is to ensure that the inventor is able to exclusively commercially exploit an invention. The rights to a patent are vested in the “Statutory Inventor” i.e. the first person to file and register the patent.
When registered, how long does a patent last for?
Once granted, a patent is valid for 20 years.
What is the difference between licensing and assigning a patent?
Licensing a patent means granting permission to another individual or association to make, use as well as sell the creation that has been protected by patent.
A patent assignment on the other hand, is a finished exchange of patent rights starting with one individual then onto another person.
What is the basic criteria for registering a Design?
The design must be new and original. This means that it must be a unique design not similar to an already existing design.
How long does the registration of an industrial design last?
It is effective for an initial period of 5 years from the date of the application for registration and renewable for two consecutive periods of 5 years
Why should I protect an industrial design?
- It gives commercial value to the owner.
- It protects the owner of the design from imitation of the design..
- It constitutes an asset of the company and it helps in fair return on investment.
Can industrial design be protected under copy right law?
Yes, it can be protected under copyright law as a work of Art.
Can an industrial design be sold?
An industrial design is a company asset and the right to sell is in the hands of the registered owner.
Can I grant another person the permission to use my design?
The right of the owner of an industrial design includes the licensing and authorization of another person to use the design.
Licenses and permits
Starting a Company