The World Intellectual Property Day is celebrated on the 26th of April every year to discuss the role of intellectual property in promoting innovation and creativity. This year’s World Intellectual Property Day campaign celebrates the contributions of the women who are driving change in our world and shaping our common future.
Flora IP celebrates two brilliant women in IP, Yetunde Okojie and Oluwasolape Owoyemi of S.P.A Ajibade & Co.
Yetunde Okojie is a senior associate at S. P. A. Ajibade & Co., with vast expertise in commercial transactions and intellectual property law. She holds a Law degree from the University of Ibadan, Nigeria, a Master of Laws Degree in Commercial Law from the University College London School of Law, United Kingdom and a Certificate in General Intellectual Property Law from the World Intellectual Property Organisation (WIPO) Academy. She is a member of the Parallel Importation Committee of the International Trademarks Association (INTA), Secretary of the Consumer Protection and Competition Law Committee of the Nigerian Bar Association -Section of Business Law (NBA SBL) and a member of the Intellectual Property Lawyers of Association Nigeria (IPLAN).
Oluwasolape Owoyemi is an Associate at S. P. A. Ajibade & Co., where she provides general advisory services on intellectual property. She holds a Law and International Relations degree from the University of Sussex, United Kingdom and a Master of Laws degree in International Economic Law from the University of Warwick, United Kingdom. Oluwasolape is a member of IPLAN and INTA.
Flora IP (FI): What type of intellectual property does S.P.A Ajibade & Co. specialise in?
Yetunde Okojie (YO) & Oluwasolape Owoyemi (OO): S.P.A. Ajibade & Co. has significant expertise in the wide-ranging intellectual property (IP) subject matters including copyrights, patents, designs, trademarks, trade secrets and confidential information.
FI: Can you share key intellectual property cases or transactions that S.P.A Ajibade & Co. has handled?
YO & OO:
- We successfully negotiated a trademark co-existence agreement between a Nigerian company and a multinational company operating in the cosmetic and beauty industries.
- We successfully negotiated the settlement in a claim against an international client for the infringement of a trademark in a multimillion dollar dispute instituted at the Federal High Court in Lagos.
- We successfully defended a local applicant in a trademark opposition action filed by a multinational.
- We are currently coordinating the registration and renewal of trademarks in Nigeria and countries in the African Intellectual Property Organisation (OAPI) and African Regional Intellectual Property Organisation (ARIPO) for a leading multinational dairy company with business interests in Nigeria.
FI: Why are intellectual property rights important?
YO & OO: IP rights are incentives for creativity and innovation. IP rights also protect business interests and provide revenue through licensing and assignments.
FI: How can interested female and male inventors/creators learn how to protect their intellectual property in Nigeria?
YO & OO: We recommend that inventors/creators register their creations or innovations with the appropriate regulatory authorities.
For example, copyright owners should register their creations on the Nigerian Copyright Commission’s (NCC) online database. Although copyright registration is not compulsory, it provides a convenient tool for proving ownership, date of creation and other ancillary information relating to copyrighted material. Copyright owners/authors must read agreements carefully to avoid unintentional transfer of rights. It is also important for copyright owners to retain the services of a lawyer to conduct constant market checks, identify infringing goods and employ necessary legal steps to deter unlawful distribution of infringing materials.
Creators and inventors should register trademarks with the Trademarks, Designs and Patent Registry in Nigeria. The initial registration is valid for 7 years and a subsequent renewal is valid for 14 years. Trademark registration rights can last indefinitely, provided the owner continues using and renewing it.
Inventors should register patents for new (or improved) inventions which result from inventive activity and are capable of industrial application. Nigeria is not a patent examining country. This means that there are no substantive examinations of patents before they are granted.
FI: Can you share key IP information sources in Nigeria?
YO & OO:
- Trade Marks Act, Cap T 13, Laws of the Federation of Nigeria 2004.
- Patent and Design Act, Cap P2, Laws of the Federation of Nigeria 2004.
- Copyright Act Cap C28 Laws of the Federation of Nigeria, 2004.
- Trademarks, Patents and Designs Registry
- Nigerian Copyright Commission.
- Adejoke O. Oyewunmi, Nigerian Law of Intellectual Property (2015).
- F.O. Babafemi Intellectual Property – the Law and Practice of Copyright, Trade Marks, Patents and Industrial Designs in Nigeria (Justinian Books, 2006).
- The Nigerian Law Intellectual Property Watch Inc.
FI: As the World Intellectual Property Day is celebrated on 26 April, what changes to intellectual property in Nigeria would you like to see?
YO & OO:
- Increased awareness about IP in Nigeria.
- The passage of pending IP bills such as the Industrial Property Bill, 2016 and the Data protection Bill, 2017.
- A fully digital trademark registry. At the moment, registered agents can pay for services online but cannot conduct searches online.
For more on women in IP globally, see the World Intellectual Property Women Directory.
