In Nigeria’s creative and commercial industries, intellectual property protection is becoming increasingly important. Whether you are a business owner, artist, or content creator, understanding the distinction between copyright and trademark is essential to securing your work and brand identity. Unfortunately, many individuals, creatives, and business owners tend to confuse these two concepts, thereby increasing the risk of infringement.
In Nigeria, where the creative industry is burgeoning and businesses are expanding, understanding the legal frameworks governing copyright and trademark protection is fundamental for creators, entrepreneurs, and organizations. This article delves into the differences between copyright and trademark, what each seeks to protect, and how they are registered.
Table of contents
- What is Copyright?
- What is the Duration of Copyrights Protection in Nigeria
- Copyright Protection in Nigeria
- What is Infringement of Copyright in Nigeria?
- What is Trademark in Nigeria?
- Procedure for Trademark Registration in Nigeria
- What is the Duration of Trademark Protection in Nigeria?
- What is Trademark Infringement in Nigeria?
- WHAT ARE THE KEY DIFFERENCES BETWEEN TRADEMARK AND COPYRIGHT?
- SOURCES
- Conclusion
- Disclaimer
What is Copyright?
Copyright is a legal protection granted to the creators of original works of authorship, such as literary, artistic, musical, and dramatic works. It provides the creator exclusive rights to use, distribute, reproduce, and adapt their works. Copyright does not protect ideas but rather the expression of those ideas in a tangible form.
In Nigeria, copyright law is primarily governed by the Copyright Act and the Nigerian Copyright Commission (NCC) is the body responsible for overseeing copyright protection in the country.
Under the Act, copyright protection covers a wide range of works, including:
- Literary works such as books, articles, and other written material.
- Musical works which include songs, compositions, and sound recordings.
- Artistic works such as paintings, sculptures, drawings, and photographs.
- Cinematographic films including movies, documentaries, and videos.
- Broadcasts.
What is the Duration of Copyrights Protection in Nigeria
In Nigeria, the duration of copyright protection varies depending on the type of work. For literary, musical, and artistic works, copyright lasts for the lifetime of the author plus seventy (70) years after the right holder dies. Where the holder is the government or corporate body, copyright expires seventy (70) years after the end of the year in which the work was published.
Copyright Protection in Nigeria
While copyright protection is automatic once an original work is created and fixed in a tangible medium, registering the work with the Nigerian Copyright Commission (NCC) provides additional legal benefits. Registration acts as prima facie evidence of ownership and can be used in case of disputes.
To register a work with the NCC, the following steps are typically involved:
- Submit an application with relevant details about the work.
- Pay the registration fee.
- Provide a copy of the work for record-keeping.
What is Infringement of Copyright in Nigeria?
Copyright infringement occurs when a person or entity uses a copyrighted work without permission from the copyright owner. This could involve unauthorized reproduction, distribution, performance, or display of the work.
Infringement of copyright shall be actionable at the suit of the owner, assignee, or exclusive licensee of the copyright in the Federal High Court exercising jurisdiction in the place where the infringement occurred.
Penalties for copyright infringement in Nigeria can include fines, Anton Piller injunctions, damages, or accounts made available to the plaintiff as the case may be.
What is Trademark in Nigeria?
A trademark is any sign capable of distinguishing the goods or services of one entity from those of another. It can be a word, logo, symbol, design, or combination of these elements that represents a brand or product. Trademarks serve as an essential tool for businesses to protect their brand identity and reputation.
In Nigeria, trademark law is governed by the Trade Marks Act.
Procedure for Trademark Registration in Nigeria
The registration process for trademarks in Nigeria involves the following steps:
- Search: Before applying for registration, it is advisable to conduct a trademark search to ensure that the mark is unique and not already registered by someone else.
- Application: After confirming availability of the mark, the applicant is to submit an application to the Nigerian Trade Marks Registry, providing details about the trademark and the goods or services it represents.
- Examination: The trademark office examines the application to ensure it complies with the legal requirements. This includes verifying that the trademark is not identical or confusingly similar to an existing mark and also not contrary to public policy. If it passes the tests, an acceptance letter will be issued to the applicant, in which case he can proceed to use the mark pending registration and issuance of certificate.
- Publication: If the trademark passes the examination, it is published in the Trade Marks Journal for opposition. During this period, third parties can object to the registration if they believe it infringes on their rights.
- Registration: If there are no objections, the trademark is registered, and the applicant receives a certificate of registration.
What is the Duration of Trademark Protection in Nigeria?
Once registered, a trademark is protected for an initial period of seven (7) years. After this period, it can be renewed in subsequent 14-year periods as long as the trademark remains in use.
What is Trademark Infringement in Nigeria?
Trademark infringement occurs when a person or business uses a trademark that is identical or confusingly similar to a registered trademark without the owner’s consent. Infringement can lead to action for injunctions, damages, and even the destruction of infringing goods.
WHAT ARE THE KEY DIFFERENCES BETWEEN TRADEMARK AND COPYRIGHT?
| Aspect | Copyright | Trademark |
|---|---|---|
| Nature of Protection | Protects creative works (literary, musical, artistic, etc.) | Protects branding elements (names, logos, slogans, etc.) used to distinguish goods/services |
| Registration | Automatic upon creation of the work | Requires a formal registration process |
| Duration | Lifetime of the author plus 70 years | Initially valid for 7 years, and renewable indefinitely |
SOURCES
Conclusion
Understanding copyright and trademark laws is crucial for creators, businesses, and innovators in Nigeria. Copyright ensures protection for a creator’s work, allowing them to reap the rewards of their creativity, while trademark protection safeguards a brand’s identity.
Both copyright and trademark laws offer valuable tools for securing intellectual property rights. For individuals and businesses, securing these legal protections not only provides a sense of ownership but also fosters an environment of trust and credibility.
Disclaimer
This publication has been prepared for general guidance on matters of interest only and does not constitute professional advice. You should not act upon the information contained in this publication without obtaining specific professional advice. For specific legal advice, contact us:
Email: info@tcorporatelegaladvisory.com
Tel: 08062348867, 09080119975, 09080119980
