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HOW TO REGISTER A DESIGN IN NIGERIA- INDUSTRIAL DESIGN IN NIGERIA

Industrial Design in Nigeria

Registering an industrial design in Nigeria is important for creatives and business owners seeking to protect the aesthetics and visual appeal of their products. Industrial design registration ensures that the visual features, such as shape, pattern, and color, which give a product its unique appearance, are safeguarded from unauthorized use.

Its primary purpose is to prevent others from copying the external design of the product for industrial or commercial use. The owner of a protected Industrial Design has the exclusive right to prevent unauthorized copying or imitation of the design by others. This includes the right to manufacture, offer, import, export, or sell any product incorporating or applying the design. 

The standard term of protection for an Industrial Design is five years, with the possibility of renewal for additional periods, usually extending up to 15 years. Protection under Industrial Design laws is generally limited to the country where it was granted.

In Nigeria, the registration of industrial designs is managed by the Trademarks, Patents, and Designs Registry, which operates under the Commercial Law Department of the Federal Ministry of Industry, Trade, and Investment.  This article provides a detailed guide on how to register an industrial design in Nigeria.

Understanding Industrial Designs

In Nigeria, the legal framework for industrial design protection is primarily governed by the Patents and Designs Act, Cap P2, Laws of the Federation of Nigeria (LFN) 2004. An Industrial Design refers to the ornamental or aesthetic elements of an article. These designs can include three-dimensional aspects, such as the shape of the article, or two-dimensional elements, such as patterns, lines, or colors. 

Industrial Designs are commonly applied to a broad range of industrial and handcrafted products, including technical and medical instruments, watches, jewelry, household items, electrical appliances, vehicles, architectural structures, textile designs, leisure goods, and other luxury items.

By enhancing the visual appeal of an article, Industrial Designs contribute to its commercial value and boost its marketability. In Nigeria, for an Industrial Design to be protected, it must be visually appealing. This emphasizes the primarily aesthetic nature of Industrial Designs, as they do not extend protection to any technical features of the article they are applied to.

Again, an Industrial Design can take either a two-dimensional or three-dimensional form, such as the iconic shape of a perfume bottle or the decorative pattern on a piece of fabric. Unlike other forms of intellectual property, Industrial Design exclusively protects the visual or aesthetic features of a product, without covering its technical or functional aspects.

One of the key benefits of registering an industrial design is that it ensures a fair return on investment, boosts a business’s competitiveness by safeguarding its design from copying and imitation by competitors, and enhances the company’s commercial value, as successful Industrial Designs become valuable assets. Additionally, it fosters creativity within the industrial and manufacturing sectors, as well as in traditional arts and crafts.

Criteria for the Registration of Industrial Design in Nigeria

In Nigeria, an applicant can apply to register their Industrial Design under the following criteria:

  • Novelty: The design must be “new”, “original” and not previously disclosed to the public.
  • Applicability: It must apply to a product and be capable of serving as a model for mass production.
  • Non-Functionality: The design must focus on the aesthetic appeal and not the technical or functional aspects of the product.
  • No Official Symbols: The design must not feature protected official symbols or emblems, such as the national flag or coat of arms. 
  • Not Contrary to Public Order: Additionally, the design must not be deemed contrary to public order or morality. The right to register a design is granted to the individual who is the first to file an application for its registration.

If the creator has publicly disclosed the design, the Registrar may reject the application unless it is proven that the creator could not have known it was made public. However, if the design was exhibited at an official or officially recognized exhibition, it can still meet the newness criterion.

Requirements for the Registration of Industrial Design in Nigeria

An applicant wishing to file for the registration of their Industrial Design in Nigeria should prepare the necessary documentation before beginning the application process. The application must include:

  • A written application for the registration of the design.
  • The applicant’s full name and address. (If the applicant’s address is outside Nigeria, they must provide an address for service within Nigeria).
  • A specimen of the design or graphic/photographic representations of the design.
  • A Power of Attorney authorizing an agent to apply on the applicant’s behalf. 
  • A written statement of novelty highlighting the unique features of the design.
  • A certified copy of the priority document, along with a sworn translation if it is not in English (for foreign applications claiming foreign priority).
  • An indication of the type of product, or the product class (if prescribed), for which the design will be used.
  • Evidence of payment of the prescribed application fee.
  • A declaration signed by the true creator requesting to be named as such in the Register, including their name and address.

Procedure for Registering an Industrial Design in Nigeria

In Nigeria, the right to file an Industrial Design application is granted to the Statutory Creator, i.e. the person who is the first to apply, regardless of whether they are the true creator of the design. If the true creator is not the statutory creator (applicant), they have the right to be named in the Register. This right held by the true creator cannot be altered by contract.

Now the steps for registration are highlighted below:

  • Conduct a Search

Before filing an application, it is advisable to conduct a search at the Registry of Trademarks, Patents, and Designs. This helps to confirm that the design is original and has not been previously registered by another party.

  • Prepare the Necessary Documentation

The following documents as already listed above will be prepared and submitted to the Registry. It is advisable to consult an intellectual property lawyer who will prepare, review, and ensure your documents are correct and complete.

  • Submit the Application

Applications must be submitted to the Registry of Trademarks, Patents, and Designs in Abuja. The application can be filed by the creator, a legal representative, or an authorized agent.

  •  Examination Process

The registry will review the industrial design application to ensure compliance with legal requirements. This includes verifying the novelty and applicability of the design. If the application meets all the required criteria, the design will be registered without requiring additional examination by the Registrar.

  • Publication and Registration

Once the application is approved, the design is published in the Industrial Design Journal to allow for public objections to be raised. If no objections are raised within the prescribed period (usually three months), the design is registered.

  • Issuance of Certificate

Upon successful registration, the registry issues a Certificate of Registration, which serves as proof of ownership and grants the holder exclusive rights to the design. Once registered, it is valid for an initial period of five years from the date of registration. 

This validity can be extended through two additional consecutive renewal periods of five years each, making the total duration of protection for an industrial design in Nigeria up to 15 years.

Foreign Priority Applications

Nigeria permits foreign priority applications for the registration of Industrial Designs. This allows an applicant to claim priority based on a design application previously filed in another country, thereby taking advantage of the earlier filing date in Nigeria.

To make a priority application in Nigeria, the applicant must submit a Written Declaration that includes the following details:

  • The date and number of the earlier application.
  • The country in which the earlier application was filed.
  • The name of the applicant who filed the earlier application in the foreign country.

Additionally, within three months of filing the priority application in Nigeria, the applicant is required to provide a certified copy of the earlier application. This certification must be issued by the Industrial Property Office of the country where the initial application was made. Failure to submit the certified copy within the specified timeframe may affect the validity of the priority claim.

This system ensures that applicants can secure their design rights in Nigeria while leveraging their earlier applications in other jurisdictions. This helps to promote consistency and fairness in intellectual property protection.

Conclusion

In conclusion, the registration of industrial designs in Nigeria offers creators and businesses the right to protect the external designs of their products. If a registered design is infringed, the owner has the right to take legal action. Remedies may include injunctions to stop further infringement, damages for financial losses, or seizure and destruction of infringing products.

Therefore, by following the outlined steps and ensuring compliance with legal requirements, you can secure your designs and enjoy the exclusive benefits of registration. For professional assistance, it is advisable to consult a legal expert or a registered agent specializing in intellectual property rights in Nigeria.