.

INTELLECTUAL AND INDUSTRIAL PROPERTY LAW

(COURSE CONTENTS)

Intellectual Property Law deals with the protection of rights in the works of authors. These works generally include literary works, art works, musical works among others. The overall goal is the protection of the moral and economic rights of the author from being infringed by an unauthorized person.

 

The Law of Industrial Property deals with protection of patent and invention rights. Being intangible rights, industrial property law therefore has a unique and peculiar nature. It protects what is referred to a chose in action. Industrial Property Law aims at protecting the moral and economic rights of the inventor from being infringed by an unauthorized person.

 

The Law of intellectual and industrial property is an emerging area of law in Nigeria. Hence, reliance is placed on foreign authorities due scarcity of local authorities. The topics captured below are covered in this Course.

 

PART A: COPYRIGHT

 

1. LAW OF INTELLECTUAL PROPERTY

Intellectual Property

Emergence of Intellectual property

Nature of Rights of an Intellectual Property Owner

  1. Moral Right

  2. Economic Right

Principal Features of Intellectual Property Rights

  1. Property Right

  2. Territorial Nature

  3. Monopolistic Nature

Nature of Intellectual Property

 

2. COPYRIGHT

Definition of Copyright

History and Evolution of Copyright

Nature of Copyright

Categories of Copyright Work

  1. Literary Works

  2. Artistic Work

  3. Cinematographic Film

  4. Sound Recording

  5. Broadcasts

Requirement of Originality

Requirement of Permanent Form

 

3. SUBSISTENCE OF COPYRIGHT

Ownership of Copyright

Authorship

Duration

 

4. OWNERSHIP RIGHTS AND THEIR EXPLOITATION

Ownership Right and their Exploitation

Joint Ownership

Dealing with Copyright

  1. Licensing

  2. Assignment

 

5. INTERNATIONAL CONVENTIONS AND NATIONAL LEGISLATIONS ON COPYRIGHT

World Intellectual Property Organisation (WIPO)

Universal Copyright Convention (UCC)

World Trade Organisation (WTO)

Copyright Act 1990 (Nigeria)

Copyright, Designs and Patents Act 1988 (UK)

 

6. COPYRIGHT INFRINGEMENT

Definitions of Copyright Infringement

The Nature of Copyright Infringement

Primary Infringement

  1. Copying

  2. Issuing Copies to the Public

  3. Public Performance

  4. Communication to the Public

  5. Adaptation

Secondary Infringement

 

7. DEFENCES TO COPYRIGHT INFRINGEMENT

Statutory Defence

  1. General Defence of Fair Dealing

  2. Public Interest

Non-Statutory Defence

  1. Acquiescence and Delay

  2. Estoppel

  3. Implied License

  4. Non-Derogation From Grant

The Permitted Act

  1. Education

  2. Libraries and Archives

  3. Public Administration

 

8. MORAL RIGHTS IN COPYRIGHT

Paternity Right

Right of Integrity

Other Moral Rights

Duration and Transmission on Death of Moral Rights

 

9. REMEDIES FOR COPYRIGHT INFRINGEMENT

Pre-Trial Remedies

  1. Anton Piller Order (Search and seizure)

  2. Interim Injunctions or Interlocutory

  3. Mareva Injunction or Freezing Order

Civil Remedies

  1. Damages

  2. Injunction

  3. Accounts of Profits

  4. Additional Damages

  5. Delivery Up

 

10. LAW OF COPYRIGHT AND CONFIDENTIAL INFORMATION

Confidential obligation

Confidential Information as Property

The Law of Breach of Confidence

  1. Development of Breach of Confidence

  2. Confidential Information

  3. Breach of Confidence and Human Right

Confidential Quality

  1. Employer/Employee Relationship

  2. Unauthorised Use

  3. Trade Secrets

  4. Official Secrets

Defences and Remedies for Breach of Confidence

(a) Defence of Public Interest

(b) Injunctions and other Equitable Remedies

(c) Damages and other Monetary Reliefs

 

11. RIGHTS IN PERFORMANCE

The Performer’s Right

Consent

Performer’s Property Right

  1. Reproduction Right

  2. Distribution Right

  3. Renting and Lending Right

  4. Making Available Right

  5. Right to Equitable Remuneration

Performer’s Moral Right

  1. Right to be identified as performer

  2. Derogatory Treatment

  3. Supplementary Provisions

Recording Rights

 

12. THE INTERNATIONAL ENVIRONMENT ON COPYRIGHT LAW

The International Environment

Impact of the International Environment

  1. Accounting Issues

  2. Cultural Issues

  3. Legal Protection

Copyrights and Conflicts of Law

  1. Jurisdiction

  2. Forum Shopping

  3. Forum Non Conveniens

 

13. THE EXPLOITATION OF COPYRIGHT

Economic Issues

Political Issues

Investment Risks

Risks of Exploitation

 

14. IMPLICATION OF NEW TECHNOLOGY ON COPYRIGHT

Copyright and Computer Software

Computer Programmes

  1. Literal Copying of Computer Programmes

  2. Non-Literal Copying of Computer Programmes

Computer Generated Works

Protection of Computer Works

Scientific Discoveries and Others

 

15. LAW OF INDUSTRIAL PROPERTY

Law of Industrial Property

Definitions and Nature of Industrial Property Law

Historical Evolution of Industrial Property Law

Types of Industrial Property Law

(a) Patent

(b) Designs

(c) Trademarks

 

PART B: PATENT LAW

 

16. PATENT LAW

Definition and Nature of Patent Law

Historical Development of Patent Law

Justification for Patent Rights

Practical Consideration for Patent

  1. Filing Date

  2. Specification

  3. Claims

  4. Abstract

 

17. PATENTABILITY

Novelty

Inventive steps

Industrial Application

Exclusion from Patentability

 

18. OWNERSHIP AND SAFETY OF PATENT LAW

Ownership of Inventions

Employee Inventions

Dealing in Patents

  1. Licenses as of Right

  2. Compulsory License

Safety and Security of Inventions

 

19. INFRINGEMENT, DEFENCES AND REMEDIES OF PATENT LAW

Patent Infringements

  1. Declaration of Non-Infringement

  2. Evidence

  3. Title to Sue for Infringement

Categories of Infringing Act

Defences to Patent Infringement

Remedies to Patent Infringement

Revocation of Patent

 

20. INTERNATIONAL AND NATIONAL REGULATIONS OF PATENT LAW

Paris Convention

Patent Co-operation Treaty (1970)

European Patent Convention (1973)

Patent Act, 1977

Patent and Design Act, 1990

 

PART C: TRADEMARK AND PASSING OFF

 

21. TRADE MARK

Trade Mark

Historical Evolution of Trade Mark

Nature of Trade Mark

Functions of Trade Mark

  1. Origin Function

  2. Product Differentiation Function

  3. Guarantee Function

  4. Advertising Function

 

22. REGISTRATION OF TRADE MARK

Mark or Sign

Registrability

  1. Capable of Distinguishing

  2. Capable of Graphic Representation

Registration Procedure

Grounds for Refusal of Trade Mark

  1. Absolute Ground for Refusal

  2. Relative Ground for Refusal

 

23. TRADE MARK INFRINGEMENT AND DEFENCES

Trade Mark Infringement

  1. Use in Course of Trade

  2. Use as a Trade Mark

  3. Use in Relation to Goods and Services

Limitations and Defences to Trade Mark

  1. Consent and Non-Trademark Use

  2. Honest Practices

  3. Acquiescence

  4. Exhaustion of Rights

  5. Groundless Threats of Infringement Proceedings

  6. Comparative Advertising

Surrender of Registered Trademark

  1. Revocation of Trademark

  2. Invalidity of Trade Mark

Remedies to Trademark Infringement

 

24. TRADE MARK AND THE INTERNET

Trade Mark as Property

Applying Mark to Material

Trade Mark and the Internet

 

25. PASSING OFF

Definitions and Nature of Passing Off

Scope of Passing Off

Elements of Passing Off

(a) Goodwill (Reputation)

(b) Misrepresentation

Damage

Character Merchandising

Protection

  1. Copyright and Design Law

  2. Trademark

  3. Passing Off

  4. Breach of Confidence

Licensing of Trademark

Defences and Remedies of Passing Off

  1. Passing Off and Internet Domain Name

  2. Defences to Passing Off

  3. Remedies of Passing Off

  4. Malicious Falsehood

 

PART D: INDUSTRIAL DESIGN

 

26. DESIGN LAW

Definition and Nature of Design Law

History of Design Law

 

27. REGISTERED DESIGN RIGHTS

Definition and Brief History of Registered Design Rights

Requirement for Registrability and Registration

  1. Registrability

  2. Design

  3. Novelty

  4. Individual Character

  5. Registration

Ownership and Dealings

Duration

Rights of Proprietor

Infringement and Exceptions

Defences and Remedies

Unregistered Design Rights

Definition and Nature

Subsistence of Rights

Duration and Ownership

Assignment and Licensing