Ronald and Dotun are both close friends. Ronald loves to write because he feels that’s the best way he can express himself while Dotun is an aspiring musician. On the 1st of May, Ronald had just completed his book titled ‘Virgins in the Maternity World’ while Dotun had just finished composing his lyrics of the song ‘Shake it, don’t break It’. They were both happy about the outcome of their work but they had no money to sponsor their career. They both decided to collect a loan of one million naira each to finance their work using their house and other properties as collateral.
Ronald said to Dotun one day, “I can’t launch my book here in Nigeria, once I launch it here, it would be all over the internet where people have free access to anything and I won’t be able to repay my loan; I am going to use my money to travel to America where I would launch and repay my loan and I also want you to join me’. Dotun laughed hysterically, “Ronald, do you want to put me in trouble, they will just arrest you. You can make it here in Nigeria. Artistes are making it here in Nigeria. I also want to be like Davido and the likes. I am making my money here and then I would travel to America.”
Ronald then travelled to the United States of America where he launched his book with the help of an institute in America and fortunately for him, he sold a million copies and more. He eventually paid off his loan.
Dotun also recorded his song and also made a music video. His song was on the internet the next day and he was unable to make music sales. Eventually, he sold his property to offset the loan.
What may come to the mind of an average Nigerian may be that Dotun wasn’t smart with his choices or he could have gone to America like his friend Ronald and make more money. It could be shocking to know that people still want to do great things in this country, however we are just prevented and restricted by the circumstances they find ourselves in and the laws which govern our country.
God had blessed man with intellect far greater than all of his creations. The utilization of this intellect is the source of civilization today and beyond. Some of the richest men who have amass wealth overtime like Mark Zuckerberg is as result of intellectual property.
Imagine you taking out time to create some form of technology like a solar Television and you have sacrificed your time, energy, sweat and of course money to make your dreams come true; suddenly, a company steals the idea and makes their own solar television. It’s the same with music; when you download music from the internet for free, you are devaluing the artiste’s work. Unfortunately, most people do not even know the essence of intellectual property much more the laws which protect the intellectual property rights of another.
Intellectual property lose their value when they are not protected. One of the tenets of the Natural Law theory is that law is made for man not man for law. There are certain laws which have been enacted to protect intellectual property rights, they are generally referred to as Intellectual Property law. They include Copyright Act 1988, Trade Marks Act 1965, Patents and Designs Act 1971 among others. Unfortunately, these laws have not been reviewed or ratified.
Intellectual Property and Intellectual Property Law
Intellectual Property is the intangible creation of the human mind. It could also be defined as the product of human reasoning. Intellectual property involve the use of the human intellect to create usually in form of an idea or in form of a solution to a problem.
According to ManBul Gomwalk , “intellectual property comprises of creations of the human mind and intellect”
Catherine Colston had this to say about Intellectual property, “it is all about the results of human creativity. Its subject matter is formed from new ideas generated by man. New ideas may be applied in as many ways as the human mind can conceive. Their application to human needs and desires can be of considerable benefit to mankind” .
Intellectual property, very broadly, means the legal rights which result from intellectual activity in the industrial, scientific, literary and artistic fields. Countries have laws to protect intellectual property for two main reasons. One is to give statutory expression to the moral and economic rights of creators in their creations and the rights of the public in access to those creations. The second is to promote, as a deliberate act of Government policy, creativity and the dissemination and application of its results and to encourage fair trading which would contribute to economic and social development.
The Convention Establishing the World Intellectual Property Organization (WIPO), concluded in Stockholm on July 14, 1967 (Article 2(viii)) provides that “intellectual property shall include rights relating to:
•literary, artistic and scientific works,
•performances of performing artists, phonograms and broadcasts,
•inventions in all fields of human endeavor,
•scientific discoveries,
•industrial designs,
•trademarks, service marks and commercial names and designations,
•Protection against unfair competition, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.”
Generally speaking, intellectual property law aims at safeguarding creators and other producers of intellectual goods and services by granting them certain time-limited rights to control the use made of those productions. Those rights do not apply to the physical object in which the creation may be embodied but instead to the intellectual creation as such. Intellectual property is traditionally divided into two branches, “industrial property” and “copyright.”
Industrial Property includes patents for inventions, trademarks, industrial designs and geographical indications.
Copyright covers literary works (such as novels, poems and plays), films, music, artistic works (e.g., drawings, paintings, photographs and sculptures) and architectural design. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs.
Why promote and protect intellectual property?
There are several compelling reasons. First, the progress and well-being of humanity rest on its capacity to create and invent new works in the areas of technology and culture. Second, the legal protection of new creations encourages the commitment of additional resources for further innovation. Third, the promotion and protection of intellectual property spurs economic growth, creates new jobs and industries, and enhances the quality and enjoyment of life. An efficient and equitable intellectual property system can help all countries to realize intellectual property’s potential as a catalyst for economic development and social and cultural well-being.
The intellectual property system helps strike a balance between the interests of innovators and the public interest, providing an environment in which creativity and invention can flourish, for the benefit of all.
Nigeria and Intellectual property law
Nigeria offers protection for a range of intellectual property rights including copyrights, trademarks, patents and designs. Being largely an importer of technology and finished products, trademark rights remains the most significant and more commonly deployed form of intellectual property protection in Nigeria, attracting significant value in the form of royalties and licence fees and increased application for registration at the Nigerian Trademarks, Patents and Designs Registry (IPO).
Although Nigeria is a member of international organisations such as the World Trade Organisation (WTO) and the World Intellectual Property Organisation (WIPO) and signatory to a number of international treaties connected to the protection of intellectual property rights, the majority of these treaties are yet to be domesticated into the local laws. The effect being that majority of the local laws, particularly in relation to trademark law, are yet to fully evolve and align with international developments in the intellectual property world.
Civil litigation remains the traditional form of enforcement of IP rights. However, enforcement by administrative procedures and remedies is increasingly being resorted to through administrative bodies such as the National Agency for Food and Drug Administration and Control (NAFDAC), Standards Organisation of Nigeria (SON), Nigeria Copyright Commission (NCC), the Nigeria Customs Service and other special requirements related to border measures.
In conclusion, the essence of intellectual property law cannot be underestimated as it provides that legal framework and shield whereby individuals and corporate bodies can express their creativity and also encourage national development. Referring back to the scenario, it is the opinion of the writer that if the intellectual property laws were enforced and strict compliance with the law, Dotun would have made money from his music career.
The laws which govern intellectual property in America and most developed countries are more advanced and enforced compared to Nigeria. In light of the economic challenges in Nigeria, it is almost difficult to enforce these laws. It is suggested that legislature enact laws which would reflect the changing realities of the country regarding intellectual property and there should also be an awareness of intellectual property law. Relying solely on tangible properties like land, oil, cocoa etc may not sustain Nigeria in the long run but arguably intangible (intellectual) property.
Until this is done, we can only sit back and watch as other countries amass wealth and progress with intellectual property.
ADEWOLE LAURA
DIRECTOR OF RESEARCH
INTELLECTUAL PROPERTY LAW CLUB (IPLC)
FACULTY OF LAW
OBAFEMI AWOLOWO UNIVERSITY
ILE-IFE, NIGERIA
