4
(called infringers in legal parlance) for obtaining
monetary relief, destruction of infringing works,
and recovery of attorneys’ fees. In Nigeria,
criminal penalties may be imposed on willful
copyright violators.
•
Use works owned by others: Using
works based on the copyright and neighbouring
rights owned by others for commercial purposes
may enhance the value or efficiency of your
business, including enhancing its brand value.
For example, playing music in a restaurant,
bar, retail shop or airlines, adds value to the
experience of a customer while using a service
or while visiting a business outlet. In Nigeria,
to use music in this manner, prior permission of
the copyright and neighbouring rights owners
must be obtained by means of a license to use
the music for a specified purpose.
Understanding copyright and neighbouring
rights laws will enable you to know when
authorization is required and how to go about
obtaining it. Obtaining a license from the
copyright and/or neighbouring rights owners
to use a work for a specific purpose is
often the best way to avoid disputes
that may otherwise result in potentially
time consuming, uncertain, and expensive
litigation.
Most businesses print brochures or
publish advertisements that rely on
copyright protected materials.
How
are
copyright
and
neighbouring rights obtained?
In Nigeria, any work eligble for copyright/
neighbouring right is protected without
any formalities or requirement of
registration, provided that the work has
fulfilled the requirements of originality,
fixation and origin. However, a copyright
owner may voluntarily register and
5
deposit his/her work at the Nigerian Copyright
Commission under the Copyright Notification
Scheme (see page 22). Practically all countries,
worldwide, have one or more national laws
concerning copyright and related rights. As
there are important differences amongst the
copyright and related rights laws of different
countries, it is advisable to consult the relevant
national copyright and/or related rights law(s)
and/or take legal advice from a competent
professional before taking any key business
decision involving copyright and/or related
rights.
A large number of countries are signatories to
several important international treaties that
have helped to harmonize, to a considerable
extent, the level of copyright and related rights
protection amongst countries. In a very large
number of countries, this has made it possible
for works to benefit from copyright protection
without any formalities or requirement of
registration. A list of the main international
treaties is in Annex III.
Nigeria is a member to the following international
copyright treaties:
•
Universal Copyright Convention (UCC)
•
International Convention for the
Protection of Performers, Producers of
Phonograms and Broadcasting Organizations
(Rome Convention)
•
Berne Convention for the Protection
of Literary and Artistic Works (Berne
Convention)
•
Convention Establishing the World
Intellectual Property Organization Convention
(WIPO Convention)
•
Agreement on Trade Related Aspect of
Intellectual Property Rights (TRIPS) within the
Framework of GATT
•
WIPO Performance and Phonograms
Treaty (WPPT)
•
WIPO Copyright Treaty
Are there other legal means for
protecting original creations?
Depending on the nature of your creation, you
may also be able to use one or more of the
6
following types of intellectual property rights
to protect your business interests:
•
Trademarks. A trademark provides
exclusivity over a sign (such as a word, logo,
color, or combination of these) which helps to
distinguish the products of a business from
those of others. In Nigeria, even though it is not
compulsory that a trade mark be registered, a
registered trade mark enjoys certain benefits.
The office in charge of registering trade marks
in Nigeria is the Registry of Trade Marks,
Patents and Designs, Ministry of Trade and
Investments, (see Annex I).
•
Industrial designs. Exclusivity over the
ornamental or aesthetic features of a product
may be obtained through the protection of
industrial designs. An industrial design must
be registered to be protected. Unregistered
designs are not protected. The office in charge
of registering industrial designs in Nigeria is the
Registry of Trade Marks, Patents and Designs,
Ministry of Trade and Investments. (see Annex
I).
•
Patents. An invention may be protected
by patent if it is new, results from inventive
activity and is capable of industrial application
or if it constitutes an improvement upon a
patented invention and is also new, results from
inventive activity and is capable of industrial
application. A patent must be registered at the
Registry of Trade Marks, Patents and Designs,
Ministry of Trade and Investments, (see Annex
I).
•
Confidential business information of
commercial value may be protected as a trade
secret, as long as reasonable steps are taken by
its owner to keep the information confidential
or secret. In Nigeria, contracting parties who
may have such information passed between
them usually insert confidentiality clauses to
protect the information.
•
Unfair competition laws may allow you
to take action against unfair business
behavior of competitors. There is currently no
national legislation principally governing unfair
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