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Nigeria joined the rest of the world to celebrate World Intellectual Property Day 2023.
Dr.Shafiu Adamu Yauri mni, Director/Registrar, Trademarks, FMITI appeared on FRCN on the occasion of the 2023, World Intellectual Property Day to educate Nigerians on the importance of Intellectual Property in contemporary world economy.
The Registrar made the voice note available to The Commerce Africa Magazine.
Here is the transcript:
FRCN
What activities are classified as intellectual property?
Yauri
We are referring to the property of the mind.That is speaking about intellectual activities; the activities that the mind brings to the fore through either what is called Trademarks, brand, names, signs and symbols used to identify or distinguish products or through Patents. Patents for inventions, when you create a machine or the system of doing things; you invent a new device, it is an invention and it is protected by Patent.Or an Industrial Patent which refers to shape and configuration of an article or any shape you find in the market can be protected. Intellectual property also includes Copyright which protects literary or artistic work including novels, books, cinematography, photography.
FRCN
Why is intellectual property not appreciated in the country?
Yauri
It has an historical side.Before now, what we consider to be factors of the economy are land, labor and capital.Today, the world is moving to what is called knowledge-based economy where ideas rule the world.The word Coca-Cola is a good example.
The totality of the asset of the company called Coca-Cola is not, in terms of the value, up to the value of the intellectual property word, Coca-Cola.
Experts who assess and value intellectual property will tell you that today, the word(Coca-Cola)in terms of value is far greater than the land, car, machines and every equipment that the company has in the whole world.
FRCN
What can an individual or corporate organization benefit from the registration of trademark?
Yauri
One important thing to note is that signs which identify and distinguish products have certain characteristics.
One, it tells whoever is buying any product that this product comes from A, B, C Enterprise. If you are used to ”peak milk” , if they bring another brand, you will tell them that this is not my brand. The mind associates with particular product that it is used to because of satisfaction.
Secondly, it distinguishes .When you place many goods in the market, once you go into any shop, what you look for is the brand, name, trademarks that you want to pick and it is identified by the mark it is bearing.
It reduces search and economists will tell you the importance of the time you waste in buying a product.
It also tells you the importance of the connection of buying a quality product that you are happy with and also brings the health and safety issues of what you consume and of course the protection of the consumer at the end of the day.
FRCN
What happens to small businesses?
Yauri
Today, under the leadership of President Muhammadu Buhari and the guidance of the Hon. Minister of Federal Ministry Of Industry, Trade and Investment,Otunba Richard Adeniyi Adebayo a draft of Nigeria Intellectual Property Policy and Strategy has been developed.
This policy and strategy will bring everybody on board from Micro, Small, Medium and Large Enterprises and they will all come to an understanding of the importance of intellectual property and that in today’s economy, ideas rule the world.So, everyone must participate.
FRCN
How are you going to convince me to buy from a business owner or manufacturer?
Yauri
That is essence of today’s programme
FRCN
If my trademark is violated, how can I seek redress
Yauri
Intellectual Property, by law, is a private right and like the lawyers will tell you, the first step is to go to court. We will support you all the way to enforce that right.
However, under the WTO (World Trade Organization), there is an Agreement which is part of the series of Agreements under the WTO called TRIPS Agreement. It provides that in case of commercial violation which is huge, you are permitted to seek to enforce, criminally, the offense of infringement of your right and in this case, you can report to the Police, Customs in case the product is coming from abroad and seizure at the border.
You can report to us at the Trademark Registry. We have a strong standing relationship with the SON, NAFDAC, NOTAP and other agencies of government that deal with intellectual property.
The moment you report to us, we alert these agencies including the FCCPC to ensure that your right is enforced.
FRCN
Does that mean I will be left alone to follow through until I get to court without you standing by me?
Yauri
That is why we are proposing under the new draft law on Trademarks that there should be an enforcement arm within the Trademark Registry whereby the Registrar and the Registry can have enforcement officers just as we do in the Copyright area.You have enforcement inspectors who have the powers of the police to arrest and prosecute.
For now, we relate with SON, if it is related to it or NAFDAC,if it is related to food, drugs or cosmetics or with any government agency like custom if the product is coming from abroad to ensure proper enforcement.
FRCN
Let us look at this year’s celebration day.The theme is “ Women and IP:Accelerating Innovation and Creativity”.What Special role can women play in developing Intellectual Property?
Yauri
Women, like men can think, can get ideas and can produce. The idea is to dedicate this year’s celebration to encourage women to be strong participants in the intellectual property activities.
No doubt, and in history, over the years you know the role of women in invention and brands that have to do with the family, health, tradition.
In Nigeria in particular, we have very high and rich resources of our traditional knowledge and medicine be it in fever, or any related health risk that the black man faces. A lot of these inventions today are being protected and a lot of brands in millions of dollars are coming therefrom.
We have a strong gender unit within Federal Ministry Of Industry, Trade and Investment and we are collaborating to ensure more and more women participants intellectual property activities.
