ELEMENTS OF TRADEMARKS AND DESIGNS UNDER INTELLECTUAL PROPERTY LAW IN NIGERIA

Abstract

Generally, intellectual property refers to the creative works of the mind. The realization that intellectual property work is akin to industrialization has long been recognised by the western world as a means of growth and development of trade and international commerce. It deals with trade marks (including the service marks), which means, except in relation to a certification trademarks, a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between goods and some person having the right either as proprietor or as registered user to use the mark whether with or without any indication of the identity of the person and means in relation to a certification trademark, a mark registered or deemed to have been registered under Section 43 of the Trademark Act, Cap 436 Laws of the Federation 1990. A trade mark is a distinctive sign which is used to distinguished the products or services of different business, while designs right protect the form of appearance eg, Spare parts, Furniture or textiles. Intellectual property consists of Patents, Design, Trade mark, Trade Secrets or confidential information and copyrights of all these elements, although copy right is regarded by many people including scholars and practitioners as the only representation or household name of intellectual property. The reasons for this view is not far fetched because as the name implies, copy right seems to be synonymous with, to the extent that even, when there is infringement on patent, industrial designs, trademarks or trade secrets right, practitioners tend to regard such encroachment as being copyrighted. The distinctiveness between these elements of intellectual property is so as to create awareness to public especially the media on the need to protect all forms of Intellectual Property Rights (I.R.P).