I presented 'Intellectual Property for Startups—What Our Laws Demand' to tech entrepreneurs, startup founders, and enthusiast at Tech Unravel organized by Tribe, Awka, Anambra State, Nigeria, 8 April 2017.

2. Intellectual Property
for Startups
Starting the Right Way &
What Our Laws Demand
Senator Iyere Ihenyen
Lead Partner, Infusion Lawyers
www.infusionlawyers.com.ng

3. What does the 5 most valuable brands in the
world have in common?

4. Intellectual Property!
All 5 valuable brands have:
1. copyrights over their knowledge system and codes for
their software programs;
2. trade marks connected to their goods and services;
3. patents over inventions they own, license, and
distribute;
4. design rights over the shape, size, etc of the products
they own or make; and
5. trade secrets for their business methods.

5. How valuable is your startup’s brand?
1. Do you have any copyright in the codes you write for
your next big app?
2. Do you have any trade mark over your startup’s
brand name, logo, colour, etc?
3. Do you have any patent over your startup’s
inventions?
4. Do you have design rights over your startup’s
creative use of lines, colours, or any 3-dimensional
forms to be used as a model or pattern to be
multiplied by industrial process?
5. Do you have trade-secret rights over your startup’s
business model or product development?
Clip Art
http://www.clipartbest.com/cliparts/yik/A5p/yikA5pBiE.jpeg

6. Think big. Think IP.
Intellectual Property
is
BIG
investment
in your startup business,
not costs.

7. This presentation is
over.
Of course not! We have only just started.

8. What is intellectual property (IP)?
“Intellectual property (IP) refers to
creations of the mind, such as
inventions; literary and artistic
works; designs; and symbols, names
and images used in commerce.”-
WIPO
World Intellectual Property Organization Nepascene
http://nepascene.com/wp-content/uploads/2015/04/intellectual-
property.jpg
IP is the key to knowledge, innovation, and wealth—
intangible assets that bring tangible rewards.

9. Key words that matter to your startup
Designs ............................................ Industrial Designs
Literary and artistic works ……………….Copyright
Inventions …………………………………..Patents
Symbols, names and images …………..Trade Mark

10. IP is big …. really BIG
The 4 biggest
types of IP:
• Copyright
• Designs
• Patent
• Trade Mark
Blox Images--
http://bloximages.newyork1.vip.townnews.com/lancasteronline.com/content/tncms/assets/v3/editorial/a/
b8/ab8fd018-bfff-11e3-adf2-0017a43b2370/53456e022c414.image.jpg
What is IP?

11. IP keeps getting bigger and bigger ….
• Geological
Indications
• Trade Secrets
• Traditional
Knowledge
Kelly Dorsey Law
http://kellydorseylaw.com/wp-content/uploads/2014/10/9434413_l.jpg
What is IP?

12. Copyright
What is IP?
Iomnitzer Law
http://www.lomnitzerlaw.com/wp-content/uploads/2015/09/copyright-registration-boca-raton-
283x237.jpg
Copyright embodies the
legal entitlements a person
has over a creative work. It
is the right the creator or
owner of a literary, musical,
artistic, or cinematographic
work, or audio work
recorded as a sound or
broadcast, has over the
work.

13. Copyright protects creative works that are
original and fixed in any definite medium of
expression.
Under the Nigerian Copyright Act, 6 types of
creative work are eligible for copyright:
1. Literary Works. 2. Musical Works.
3. Artistic Works. 4. Cinematographic works.
5. Sound recordings. 6. Broadcasts
Copyright: What does copyright do?
What is IP?
Postings from an Edge
http://postingsfromanedge.blogspot.com/2011/04/cre
ative-commons-in-classroom-use-share.html

14. Creative works eligible for copyright
a. Literary works
Kenyan Poet
http://kenyanpoet.com/wp-content/uploads/2013/03/A-young-
Achebe-.jpg
"
a. novels, stories and poetic works;
b. plays, stage directions, film scenarios
and broadcasting scripts;
c. choreographic works;
d. computer programs;
e. textbooks, treaties, histories, biographies,
essays and articles;
f. encyclopaedias, dictionaries, directories
and anthologies

15. Eng Host
http://blog.enghost.org/wp-content/uploads/computer-programming-basics-52575e517d73f.jpg
Literary works contd ….
g. letters, reports, and
memoranda;
h. lectures, addresses and
sermons;
i. law reports, excluding
decision of courts;
j. written tables or
complaints
Creative works eligible for copyright …contd

16. Creative works eligible for copyright …contd
b. Musical works
Information Ng
http://www.informationng.com/wp-
content/uploads/2016/10/Phyno-Looks-Fierce-In-This-New-
Photos-Peek-1.png

17. Creative works eligible for copyright …contd
c. Artistic works
Pinterest
https://www.pinterest.com/pin/510525307738505455/
a. paintings, drawings, etchings, lithographs,
woodcuts, engravings and prints;
b. maps, plans and diagrams;
c. works of sculpture;
d. photographs not comprised in a
cinematographic film;
e. works of architecture in the form of buildings
models; and
f. works of artistic craftsmanship and also pictorial
woven tissues and articles of applied handicraft
and industrial art.

18. Creative works eligible for copyright …contd
d. Cinematographic works
It includes:
• visual images or
videos that can be
reproduced
• recordings of a
sound track
associated with
the
cinematograph
film Tunde Kelani
Buzz Nigeria
http://buzznigeria.com/romantic-nigerian-movies/
Tech 360
http://www.tech360ng.com/wp-content/uploads/2013/02/tundekelani.jpg

19. Creative works eligible for copyright …contd
e. Sound recording
Sound capable of being:
• perceived aurally and
• reproduced.
But ….
Sound recording does not
include a sound track
associated with a
cinematograph film.

20. f. Broadcast
Sound or television broadcast or
rebroadcast by:
• cable program;
• satellite program; or
• wireless telegraphy or wire (or
both).
Creative works eligible for copyright …contd
Pearson
http://ptgmedia.pearsoncmg.com/images/art_rich_usingiphoneipadvoic
erecmtgs/elementLinks/rich5_fig01.jpg

21. Benefits of Copyrights Registration for Startups
1. It gives you exclusive ownership of your work with power to
assign or licence it to others.
2. Your work will be published in the Nigerian Copyright
Commission’s (NCC) register and it will be searchable by the
public.
3. It gives notice to the public that you own the work thereby
discouraging others from using the work, without authorization
by you.
4. It enables you avoid costly disputes over ownership of the work
if somebody takes your work without authorization.
5. It serves as proof of your ownership of the work and as an asset
to your startup.

22. 6. It entitles you to statutory damages.
7. It grants you the right to sue for damages against
unauthorized users of your registered work.
Benefits of Copyright Registration for Startups
Contd ….
It makes sense to register your
work as soon as you have created
it. This enables you maximize all
the benefits of copyright
registration.
Ytimg
https://i.ytimg.com/vi/3bctB6Ppkg4/maxresdefault.jpg

23. Enforcement of copyright under the Nigerian
Copyright Act 1988
A copyright owner whose copyright in a work has been
infringed is entitled to 5 civil remedies:
1. Injunction;
2. Damages;
3. Account of Profits;
4. Delivery Up; and
5. Conversion Right

24. Some steps to protect your startup from copyright
issues and problems
1. Startups should include the © symbol or the word Copyright in your
works and materials. Include the year of first publication, the name
of the owner, and the words All rights reserved.
2. consider registering your materials so you can easily sue whenever
any person infringes on your copyright.
3. avoid using unauthorized third-party codes, music, photos, or
writings on your marketing materials or products, including your
website.
4. Ensure you retain the rights to any copyrightable work done by
employees or third-party contractors.
5. Constantly monitor your copyrighted works by developing a
comprehensive IP strategy (with the help of an IP expert).

25. Trademark
Trade mark
AMD Law Group
http://www.amdlawgroup.com/wp-content/uploads/2014/07/Protecting-Your-TM.jpg

26. What is IP?
Trade Marks: What do trade marks do?
IP Leaders
http://blog.ipleaders.in/wp-
content/uploads/2014/06/080425-glossy-black-3d-
button-icon-business-trademark-ps.png
Logo My Way
http://blog.logomyway.com/wp-
content/uploads/2011/09/registered-trademark.jpg
Trade mark means a word, sign,
slogan, or symbol used in relation to
business.
For services, it is called service mark.
Trade marks exclusively identify goods
and services with their users in
connection to their business.

27. Benefits of Trade Marks Registration for Startups
1. It discourages others from using marks that are
confusingly similar to yours.
2. It enables your trade mark to be applied nationwide, not
limited to the area your products or services are known.
3. It provides nationwide notice of your ownership of the
mark from the registration date.
4. It gives you exclusive ownership of your mark with power
to assign it to others.
5. It serves as evidence of the validity of your mark for the
goods and services listed in the register.

28. 6. It grants you the right to use the ®
symbol when the mark is used for the goods
and services in the register.
7. It grants you the right to sue for damages
against unauthorized users of the mark .
8. It grants you the right to benefit from
statutory damages as a monetary award.
Benefits of Trade Marks Registration for Startups
Contd ….
Next Marq
http://www.nextmarq.com/wp-content/uploads/9342862_l.jpg

29. 9. It increases the worth of your
startup or product particularly
when considering mergers &
acquisitions
10. It empowers law-enforcement
agencies to protect you against
counterfeits and also block imports
that infringe your mark.
Benefits of Trade Marks Registration for Startups
Contd ….
Bern Stein IP
http://bernsteinip.com/wp-content/uploads/2012/06/trademark-
registration2.jpg

30. Enforcement of trade mark under the Nigerian
Trademark Act 1967
A trade mark owner whose trade
mark has been infringed is
entitled to either:
1. sue for passing-off, or
2. claim for injunction, damages,
accounts of profit, delivery
up, and conversion.
Trademarkologist
http://www.trademarkologist.com/files/2013/11/cola.png

31. Some steps to protect your startup from trade mark
issues and problems
1. consider whether their desired or already-in-use business name, domain
name, or logo is already being used by other persons;
2. ensure that they indicate the type of mark they intend to register and
the particular goods or services to which the mark will apply;
3. register their brands early rather than wait till it becomes too late;
4. immediately register key trade marks to minimize risks;
5. constantly monitor uses of your trade marks on the Internet and other
places.
6. Appoint a trade mark agent to handle your trade mark application and
related transactions.
Startups should:

32. Patent
Ideas 2 Market
https://ideas2market.files.wordpress.com/2013/03/patent1.jpg
Patents protect inventions
or processes.

33. What are the requirements for patents?
Under the Patents and Designs
Act, an invention is patentable:
(a) if it is new, results from
inventive activity, and is capable of
industrial application; or
(b) if it constitutes an
improvement on a patented
invention.
Htxt
http://www.htxt.co.za/2013/10/17/chamber-of-commerce-wants-more-patents-for-
sa-businesses/

34. Apply to the Registrar of Patents and Designs with the following:
1. applicant's full name and address;
2. a description of your invention with any appropriate plans and
drawings;
3. a claim or claims;
4. the prescribed fee;
5. If appropriate, a declaration signed by the true inventor
requesting that he be mentioned as the true inventor;
6. If applying through an agent, include a signed power of attorney
How to register a patent

35. Can a software program be patented?
Yes
or
No?

36. The answer is yes—if the
codes for the software
program can be reduced
into a method.
In Nigeria and most
developing countries,
software programs are
protectable as copyright,
not as patent.
Daniel Glasser
http://danielglasser.me/2012/03/perks-pitfalls-outsourcing-programming/

37. • Patents protect your business and inventions from your
competitors;
• It helps you avoid the risk of patent infringement by competitors
and other third parties;
• It gives the patent holder exclusive right to make, use, or sell the
invention;
• Clean patent portfolio impress investors since it functions as a
monopoly in a market;
• Patents provide revenue-generating opportunities to startups
through licensing.
Benefits of registering a patent

38. Designs
Designs
protect new
shapes or
forms of
anything
produced as a
model or
pattern for an
industrial
product.Ytimg
https://i.ytimg.com/vi/G5Kl4D2PzxE/maxresdefault.jpg

39. Any combination of lines or colours or
both, and any three-dimensional form,
whether or not associated with colours, is
an industrial design, if it is intended by the
creator to be used as a model or pattern to
be multiplied by industrial process and is
not intended solely to obtain a technical
result.
Designs as defined under the Patents and
Designs Act

40. “But an industrial
design is not new
merely because it
differs in minor or
inessential ways
from an earlier
design.”- Section
13(5), Patents and
Designs Act
Class Connection
https://classconnection.s3.amazonaws.com/358/flashcards/2949358/jpg/fake-ipad-vs-apple-
ipad_71365191202101.jpg

41. 1. The design must be
new; and
2. The design must not
be contrary to public
order or morality.
What makes an industrial design registrable?
Apple Insider
http://photos2.appleinsidercdn.com/12.07.26-Apple-1.png

42. 1. If before the date of application for registration, it has
been made available to the public anywhere and at any
time by means of description, use, or in any other way
What makes an industrial design not
registrable?
Unless it is shown to the satisfaction of the Registrar that
the creator of the design could not have known that it
had been made so available.
‘Public’ means when exhibited in an official or officially
recognised exhibition.

43. How to register your industrial designs
1. A request for registration of the design to the Registrar of Patents and
Designs;
2. The applicant's full name and address ;
3. A specimen of the design or a photographic or graphic representation of
the design with any printing block or other means of reproduction from
which the representation was derived;
4. An indication of the kind of product (or, where a classification has been
prescribed, the class of product) for which the design will be used;
5. Where appropriate:
i. a declaration signed by the true creator requesting that he or she be
named as creator of the design; or
ii. if the application is made by an agent, a signed power of attorney
6. The prescribed fee.

44. Rajwans
http://rajwans.com/wp-content/uploads/2015/10/Intellectual-Property-2016-02-
12v4-1.jpg Intellectual Property
is serious business
for startups

45. Mormon Media Network
http://mormonmedianetwork.com/wp-content/uploads/2013/09/Go-and-sin-no-more-for-web.jpg
If you have been treating IP wrongly, ….

46. Thank you!
Senator Iyere Ihenyen
Lead Partner
Infusion Lawyers
info@infusionlawyers.com.ng
www.infusionlawyers.com.ng
+2348098764066