Sunday, October 12, 2008

Laws Relating To the Protection of Intellectual Property

General Principles

Nigeria is still a major importer of technology and finished goods. In this circumstance, its citizens have of necessity become familiar with several international brand names, trademarks and industrial designs, etc. which sometimes are unfortunately being imitated by unscrupulous businessmen. For example, the authors have not only well-known trademarks and designs and the illegal reproduction of cinematograph films, phonographic recordings and books. In some instances, third parties have even succeeded in proprietary rights and a priority claim over international trademarks and designs, which did not belong to them.

Following the market practice in most other countries, the Nigerian laws permit a prospective foreign investor to protect his propriety interest in any trademarks, patents, design or copyright even before completing the other formalities for establishing a business in Nigeria. Thus it is in fact possible and often advisable for a manufacturer and exporter of goods into Nigeria to have his trademarks, designs or copyright registered in the country without any intention of establishing a formal business vehicle in Nigeria
as this is not a legal requirement or pre-condition for registration. Nigeria is a member of the Paris and Berne Convention.


The various categories of intellectual property law are now examined and the procedures for registration outlined. observed the false labelling of goods as regards “country of origin” but also the infringement and “passing-off” of internationally.

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