Which statutes protect Trademark in Nigeria?
The Nigeria law of patents is governed by the Patents and Designs Act 1970, which provides that a patent may be granted for an invention that: (a) is new; (b) involves an inventive step ("not obvious"); (c) is capable of industrial application ("useful"); (d) is not specifically excluded in the Act (e.g. inventions the publication of which may encourage immoral and offensive behaviour). The Government agency that manages the grant of patents is the Trademarks, Patents And Designs Registry, Commercial Law Department, Federal Ministry Of Industry, Trade And Investment. http://www.iponigeria.com/#/
Software is protected under which Intellectual Property in Nigeria?
The Nigerian Copyright Act classifies computer programmes (also referred to as software) as literary works which are eligible for copyright protection. Copyright protects the unique expression of a software programme as described in the source and object codes. A software developer is guaranteed automatic copyright protection in his source and object codes if it is his original work and has been fixed in definite medium of expression now known or later to be developed from which it can be perceived or reproduced either directly or via a device. To enjoy protection, the author or inventor must be a citizen and or domiciled in Nigeria or his work must have been initially published in Nigeria. Software can also be protected under patent law in Nigeria, if it satisfies the basic requirements of patentability. Unlike copyright which protects software codes, patent protects the invention including the method and processes used in developing the software, once they have been fixed in a tangible format. Not all software is eligible for patent protection. Software is eligible for patent protection, if it is new, involves an inventive step that is not obvious to people knowledgeable in the field and is capable of industrial application. It is also eligible for protection if it consists of an improvement on previously patented software and it is also new, involves an inventive step and capable of industrial application.