Monthly Archives: September 2012

A-Z of Protecting Mobile and Tablet Apps in Nigeria

A-Z of Protecting Mobile and Tablet Apps in Nigeria

Introduction

It’s a good thing if you think you have a mobile or tablet app that you are certain that the world needs.

Technology based transactions are growing everyday in Nigeria. Success stories abound from  “Hi Nolly”, “Nigerian Constitution app”, “Naija pings”, “Mocality”, “Slim Trader”, “M.Farm”, “M.Pedigree”  to numerous other popular apps Nigerians and numerous other nationals use.

Intellectual property (IP) is intangible property that is created in someone’s mind using his intellect or other tangible goods. Categories include apps, art, literary works, music, inventions, designs, processes and trademarks.

Intellectual property has value just like tangible property, and you have to protect it otherwise your property can be exploited without your knowledge or permission.

The laws enumerated below make up the legal regime for the protection of Intellectual Property Rights in Nigeria.

Nigerian Copy Right Act, Cap. C 28 Laws of the Federation of Nigeria 2004

Patents and Designs Act, Cap P2, Laws of the Federation of Nigeria 2004;

Trade Marks Act, Cap. T13 Laws of the Federation of Nigeria 2004; and

Merchandise Marks Act Cap. M10 Laws of the Federation of Nigeria 2004

Licenses and Your Rights

Great market

Risk starts early…

App piracy

Making money from your app

Black market stores for apps

Data generated

End-user agreement

Indemnity clauses

Privacy issues

Protecting your apps

Losing control of your app can be dangerous in many ways for you and your company. To take full control of your app, please get in touch with your I.P. Lawyer today.

Conclusion

Many issues come up when drafting a license agreement for your apps. Laws relating to intellectual property can be extremely complicated. An IP lawyer can provide invaluable help with drafting your agreement and enforcing it

Olufola Wusu Esq.  Copyright © 2012

.Legal Practitioner.  .Contracts Specialist. .Commercialization of Intellectual Property.

Partner with Megathos Law Practice

Okay let’s get started…

Your thoughts anyone?

Legal Disclaimer

by Megathos Law Practice

(1) No advice

This note contains general information about [law and legal practice]. The information is not advice, and should not be treated as such.

(2) No warranties

The legal information on this article is provided without any representations or warranties, express or implied. We make no representations or warranties in relation to the legal information on this website.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that:

(a) the legal information on this article will be constantly available, or available at all; or

(b) the legal information on this article is complete, true, accurate, up-to-date, or non-misleading.

(3) Professional assistance

You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider. If you have any specific questions about any legal matter you should consult your lawyer or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

Leave a comment

Filed under Intellectual Property

BRAND NAMES/TRADEMARKS VS GENERIC TERMS: ARE THEY PROTECTED?

 BRAND NAMES/TRADEMARKS VS GENERIC TERMS: ARE THEY PROTECTED?

When last did you visit Shoprite (a shopping mall) or go to Silverbird (the Cinema) or eat Indomie (noodles) or Google a word (use a search engine)?

What is a trademark?

A trademark is a sign that is used to identify particular goods and services as those produced or provided by a certain person or business. It helps to distinguish goods and services produced by one business from similar ones provided by another.

For example, “GT BANK” is a trademark that relates to services (innovative banking and financial services).

Please find below the legal regime for the protection of Intellectual Property Rights in Nigeria.

Nigerian Copy Right Act, Cap. C 28 Laws of the Federation of Nigeria 2004

Patents and Designs Act, Cap P2, Laws of the Federation of Nigeria 2004;

Trade Marks Act, Cap. T13 Laws of the Federation of Nigeria 2004;

Trade Marks Regulations; and

Merchandise Marks Act Cap. M10 Laws of the Federation of Nigeria 2004

 

Distinctive Names

The first asset in any great business is a good name. It should be registered as a trademark. A trademark must be distinctive and capable of distinguishing the goods or services with which it is used.

A trademark is usually a word, but it can also be a logo, an email address (folawusu@yahoo.com, a tag line “Just Do it”

Functions of a trademark

They usually; help consumers identify and distinguish products or services.

 

How is a trademark protected?

The most common and efficient way of protecting a trademark is to have it registered.

Why protect trademarks?

It provides business people with a remedy against unfair practices of competitors.

Most companies are always trying to make their brands household names.

But when a trade mark is being used as a general term to refer to all goods and services in its class, that trade mark can be said to be a genericized trade mark.

 

The Innovation Perspective

I.P. Lawyers would say this process is called “genericization”. At the very least companies must juggle their quest for brand recognition with the fear of brand dilution, leading to trademark loss or devaluation.

 

Brand Names can be declared Legally Generic after…

A company sues another firm for using its name and the case goes to court and the trademark is said to be genericized even though it was initially distinctive but has changed in meaning to become generic.

 

What if trademark protection is lost…?

Microsoft vs. Apple

Microsoft is challenging the “App Store” name. Apple first applied for the trademark in 2008, shortly after launching the App Store for the iPhone. Microsoft is seeking to thwart Apple’s claim to the “App Store” name.

Protecting your brand from becoming Generic

What can Brand owners do to protect their brand and prevent it from becoming generic? That is a discussion for another day.

Conclusion

In Nigeria you probably won’t lose your trademark because your mark has become generic. However you would probably still suffer the business consequences that would arise from the weakness of your trademarks.  As a trademark owner, you still have to actively protect your trademarked name. That means using it consistently and protecting it against infringement and from becoming a generic term.

Perhaps our trademark laws need to be amended such that a trademark owner loses his trademark once his trademark becomes generic as generic terms should continue to be available for use by all without fear of reprisal by a trademark owner especially one that made or watched or his trademark become generic.

 

Olufola Wusu Esq. © 2012

Lead Partner Megathos Law Practice

He can be reached at folawusu@yahoo.com

Copyright © 2012

Lead Partner with Megathos Law Practice

Okay let’s get started…

Your thoughts anyone?

Legal Disclaimer

by Olufola Wusu Esq

(1) No advice

This note contains general information about [law and legal practice]. The information is not advice, and should not be treated as such.

(2) No warranties

The legal information on this article is provided without any representations or warranties, express or implied. We make no representations or warranties in relation to the legal information on this website.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that:

(a) the legal information on this article will be constantly available, or available at all; or

(b) the legal information on this article is complete, true, accurate, up-to-date, or non-misleading.

(3) Professional assistance

You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider. If you have any specific questions about any legal matter you should consult your lawyer or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

2 Comments

Filed under Intellectual Property