1. 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

2. 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

3. IDENTIFY POSSIBLE IPRs

4. 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

5. 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

6. 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

7. 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 `