In a parallel Universe, the year is 2025 and Nigeria is recovering from the successful conclusion of a 3-day warning strike. In this parallel Nigeria, the People, led by Labor and civil society leaders prevailed on the Federal Government to reverse its decision to remove the subsidy on Intellectual Property, Nigeria’s primary source of revenue.
The implications of the FG’s decision to remove the subsidy on Intellectual Property were far reaching; the removal of Government’s subvention would escalate the cost of intellectual assets, products and services.
Barely 24 hours after the President’s address, the cost of DVDs, CDs and Music Albums (original and pirated) tripled; Media Houses and Cinema owners announced their relocation to neighboring countries because of the high cost of procuring licenses to music, movies and broadcast content. Foreign and local inventions in science and technology would no longer be available due to the exorbitant cost of patent registration. Branded consumer products prices were expected to double due to the high cost of registering and managing their Trademarks and Industrial Designs.
In this parallel Nigeria, Intellectual Property is Nigeria’s ‘Black Gold’.
For now, that parallel universe exists only within the confines of this newspaper.
In today’s world, Intellectual property is the fulcrum on which the knowledge economy revolves. As the world progresses into the Innovation Age, an increased IP portfolio is insurance for the future. By purchasing Intellectual assets and knowledge products in the form of Patents, Trademarks, Copyright Licenses, trade secrets and other forms of IP, savvy corporations secure their relevance in the future.
Curiously, at this stage in the world’s development, many Nigerians regard IP with significant distrust; many find it hard to conceptualize ‘how a person can own property that cannot be seen, felt or experienced by the natural senses?’
Under the IP system, original and innovative creations of the mind expressed in concrete forms are regarded by law to be property that can be owned, transferred, sold (and stolen) like physical property.
From an economic point of view, the IP system seeks to promote investment in knowledge creation and innovation by instituting private rights to own and trade in new inventions, technologies, goods, and services. In return for this protection, owners of Intellectual assets are encouraged to disclose the workings and components of these assets, in order to promote widespread dissemination of new knowledge. This information is available to the public and may be used to create newer inventions, technologies, goods and services and the cycle goes on.
Intellectual Property Rights
Under the IP framework, intellectual assets are protected by separate categories of intellectual property rights.
A Patent authorizes an inventor to prevent the unlicensed making, selling, importing etc of an invention. A Patent right is granted for the invention of a product or technology that is new and innovative. Patent rights give the Inventor(s) a monopoly over the exploitation of the invention in return for revealing the technical details responsible for creating the invention.
A Trademark is a sign that is used to identify certain goods and services as those produced or provided by a specific person or organization. Trademarks, trade names and brands help to distinguish an organization’s goods and services from the goods and services provided by another. Trademarks protect an individual or company’s right to trade in goods and services under distinct names, logos and marks. Registered trademarks allow companies to build goodwill and protect their reputation by granting the Trademark owner the exclusive right to use the brand or logo.
Copyright is an exclusive right granted to authors and owners of creative works (writers, artists, music composers, etc.) over their creations. Copyright protection is in the form of a monopoly right that controls the moral use and commercial exploitation of the works. Copyright contributes to creativity by giving creators incentives including recognition and economic rewards. These incentives motivate creators to share their works which then increases access to the works and enhances the enjoyment of culture, technology, knowledge, and entertainment.
IP Belongs to YOU, not Government!
Intellectual Property Rights (IPRs) are private in nature, meaning they belong to the individual and not Government. Unfortunately, in Nigeria, there seems to be a general misconception that ‘Government’ is responsible for the protection and promotion of IP. This thinking is false. If a trespasser started building on my plot of land, I wouldn’t wait for the ‘Government’ to “do something” about it! I would take advantage of the legal and administrative reliefs provided by law, to secure and assert my title!
The same principle applies to the exploitation and commercialization of IP. The owner of an IP asset must take advantage of the existing legal structure to first protect and then exploit that asset.
There is no doubt that Nigeria’s greatest assets lie in the vast and infinite pool of untapped intellectual assets and not the finite store of solid minerals buried beneath the ground. The Nigerian music and movie industry boom is an unrefined depiction of the economic benefits of creativity and IP.
Societies experiencing developmental challenges can either be breeding grounds for local innovation or dumping grounds for foreign technology. The time has come to embrace innovation in all facets and sectors of society: Government, Health, Security, Law and Justice Administration, Agriculture, Science and Technology, Education and so on. Everyone has a role to play.
The need for a comprehensive IP Policy cannot be overemphasized. A National IP Policy is a roadmap that sets out concrete strategies, guidelines and measures linking the creation, exploitation and management of IP with Nigeria’s Development Agenda.
Inventors and the University community should take advantage of the several patent databases which are public and searchable over the Internet. The National Office for Technology Acquisition and Promotion (NOTAP) is responsible for promoting the importation of technology into Nigeria. The Patent register contains an abundance of technical information that can be deployed to solve local challenges, provided that the patent is not infringed.
Entrepreneurs and venture Capitalists can use these patent databases to find potential licensors and business partners with a view to first supporting local inventors and maybe importing useful know-how into the country.
Brand owners in the public and private sectors should focus on building solid brands protected by Trademarks Act. In order to fully exploit the economic components of brand value, the Brand must first be registered as a trademark.
Authors and creators of artistic, scientific and cultural works should rigorously pursue the protection of their intellectual assets and stop expecting ‘government’ to fight their battles for them.
Addendum
As we mark this year’s World Intellectual Property Day, the key to global relevance in the future is in a democratically organized intellectual property framework.
(c) 2012
*Published in Thisday Lawyer of 1st May, 2012
LEGALIST IQ 