IP Protection- What, How & Where

ByEse Oraka

Partner, Adelphi Consulting

Being a Presentation made at the Anadach Workshop on the Dynamic

Role of Intellectual Property in promoting Economic Development

The Objective

Help participants understand Intellectual Property with • What to Protect’• How to protect it and • Where to Protect it’.

https://www.google.com.ng/?gfe_rd=cr&ei=oSCTVd2UMMrH8ge7oIDgAg#q=intellectual+meaning

https://www.google.com.ng/?gfe_rd=cr&ei=qCCTVZffLcrH8ge7oIDgAg#q=property+meaning

The Etymology of Property

Property

Personal Property

Personal Chattel Intangible

Intellectual Property

Personal Property

Economic PropertyReal Chattel Tangible

Real Property

Note:

“Turning an idea into an IP platform depends on three conditions: Having a good idea, having full ownership of the idea and having an idea that is legally protectable.”

Efrat Kasznik

• http://www.bizjournals.com/bizjournals/bio/25861/Efrat+Kasznik

Intellectual Property refers to intangible property owned by a person in the product of his or her intellectual effort

Creative/Academic Work:

CopyrightsDatabase Rights

Trade/Business/Economic Interests:

Trademark, Industrial Design,

Trade Secrets, Goodwill

Invention:Patents, Plant

Breeders Rights

IP Value Extraction in Action

Intellectual Capital

Value Extraction

IPCreation

Exclusivity/Monopoly

Marketing/Chilling Effect

Industry Standard/ATT

Asset/Financing

Prestige/Brand

Bargaining Power

IP Asset and Protection

• Invention• Logo, Mark• Physical expression of

ideas• Marketplace and Existing Technology Knowledge

• Patents• Trademarks• Copyrights

• Trade Secrets• Contracts• Publication

Type of Asset Mode of Protection

Analyzing Protection Mechanisms

Type Cost Protection Enforceable Content

Patent high strong yes idea

Copyright © low low yes expression of idea

Tradesecret low -strong ~no/ ~yes any

Trademark ® moderate moderate yes name, logo

Design moderate moderate yes drawing

WhereIP Type Where Relevant Laws

Copyrights

Nigerian Copyrights Commission

Self Copyrighting

Copyright Act (Chapter C.28, as codified 2004) (2004)Copyright (Amendment) Decree No. 42 1999  (1999)Copyright (Amendment) Decree No. 98 1992 (1992)

Trademarks

Registry of Trademarks Patents & Designs

Trade Marks Act (Chapter 436) (1990)

Patents Registry of Trademarks Patents & Designs

NOTAP (Drafting, Payment, Commercialization)

Patents and Designs Act of 1971 (Chapter 344) (1990)

Trade Secrets

?

The business model canvas

OFFER

CHANNELS

RELATIONSHIPS CLIENTS

REVENUE STREAMS COST CENTRES

KEYPARTNER

KEYRESOURCES

KEY

ACTIVITIES

Source: Canvas by businessmodelgeneration.com

Who‘s yourcustomer?

Which customer

segments do you serve?

What‘s your offer?

Which „jobs to be done“

do you satisfy?

What‘s your relationship

to the customer?

What‘s your image?

How do you reach your customers?

How do you make

money?

What is driving cost?

What are your core

activities and processes?You are

your main suppliers, partners

and alliances? What are your

main assets and

competencies?

Describing your business model

Business Model Canvas-Disney

Geographical Scope of IP• Almost every country has its own patent law, and a person

desiring a patent in a particular country must make an application for patent in that country, in accordance with the requirements of that country. Since the rights granted by a Nigerian IP extend only throughout the territory , they have no effect in a foreign country.

• A creator or inventor who wants IP protection in other countries must apply for registration in each of the other countries or in regional patent offices.

Global Arrangements• The Patent Cooperation Treaty (PCT) streamlines the

process of filing patents in multiple countries. By filing one patent application with the Nigerian Patent and Trademark office, applicants can concurrently seek protection in up to 143 countries

• The Madrid Protocol also makes it easier to file for trademark registration in multiple countries. By filing one trademark registration application with USPTO, U.S. applicants can concurrently seek protection in up to 84 countries.

Trade-Related Aspects of Intellectual Property Rights (TRIPS)

• The Agreement on Trade-Related Aspects of Intellectual Property establishes minimum standards of protection for each category of property rights. These standards should be integrated into the national legislation of all World Trade Organization (WTO) Members and they should be applied in accordance with the principles of most-favoured-nation and national treatment.

• TRIPS is the trade agreement with most implications for the production of and access to drugs, particularly in developing countries.

• The agreement aims to bring Intellectual Property Rights (IPR) systems around the world together under a common international set of rules, thus addressing problems of international piracy and IPR infringements. 

Costs

About Ese Oraka• Ese Oraka is a Business Designer and lawyer with over twelve years post call-

to-bar experience. His core competencies are in the areas of Business & Intellectual Property Law, Organizational Strategy/Planning, Corporate Communications, Team Design & Team Building.

• His edge is in His ability to bring diverse knowledge, skill and experience to bear on his clients strategic business objectives. He also has a passion for setting up and organizing teams with diverse skill sets and a common goal.

• Ese’s networks are wide, spanning the business, regulatory, creative, financing and academic communities. He has worked as a Program Manager (JDPC), Brand Strategist (Headstart), Account Manager (DDB Lagos), Business Consultant (Onebox Solutions) and a Corporate Law/IP Consultant (Law Allianz & Chocolate City Group)

• He was a fellow at the Institute for Venture Design, a collaboration between FATE Foundation and Stanford University’s Center for Design Research. He is a founding partner at Adelphi.

Contact

Ese OrakaTel:

+234 809 666 7106Email:

eoraka@gmail.com, ese.oraka@adelphionline.comURL:

www.adelphionline.com Blog:

www.insightsbyadelphi.blogspot.com Twitter:

www.twitter.com/@eseoraka