Introduction
In our previous newsletters, we explored the fundamentals of protecting your intellectual property (IP) rights, such as identifying protectable assets to navigating registration procedures and period of validity. Protecting your IP right however does not end with registration. Once your IP rights are legally recognized, understanding how to enforce your rights, preventing unauthorized use of your IP, and safeguarding your brand value are equally important. Global brands such as Louis Vuitton and Dior, demonstrate the importance of this by constantly enforcing and protecting their trademark and designs from counterfeiting and misuse across multiple jurisdiction.
As African businesses and creatives continue to expand their reach globally, it is important that businesses pay attention to protecting the goodwill in their brands and maximize the investment value of their IP . In this newsletter, we will provide you with some guidance on how IP rights can be enforced in Nigeria and the importance of protecting IP globally.
Addressing Infringement: Opposing Similar Names and Passing Off
One of the most common challenges faced by IP owners is the unauthorized use of similar brand names, trademarks, taglines or other identifiers that may confuse and misdirect consumers. Hence addressing infringement involves taking action against unauthorized use of your IP that could harm your brand. This includes opposing the registration or use of similar names, trademarks, or designs that may confuse customers or damage your brand credibility. For example, in cases where a third party applies to register a similar name or symbol, swift action, such as filing an opposition with the appropriate registry, is vital to prevent approval.
To achieve this, you should ensure that you continuously monitor publication of trademarks that are undergoing registration or filings, this will allow you raise oppositions if any. For instance, in Nigeria, the Trademark Registry publishes journals listing newly registered trademarks, and permits opposition by the Public. Engaging a lawyer to monitor these publications will ensure timely action against similar marks. Similarly, in the United States, regular checks of United States Trademark Patent and Trademark Office (USPTO) filings can help identify and challenge conflicting applications promptly.
Where infringement occurs in the form of "passing off" where another business uses your brand's goodwill to deceive customers, actions such as a cease and desist letter or a civil action to assert your rights may be necessary.
Utilizing Non-Disclosure Agreements (NDAs)
While external threats to IP are common, internal risks should not be overlooked. Employees, contractors, or partners often have access to proprietary data, trade secrets, or innovative concepts. To address this risk, it is important to integrate NDAs into your business processes as a standard practice before sharing sensitive information with any external consultants or employees. An NDA would provide the duration of confidentiality obligations, jurisdiction of enforcement, and penalties in the event of an infringement, In the events of a breach, it is important to take immediate action by investigating the violation, assessing the impact on your business or brand, and enforcing the terms of the NDA through formal dispute resolution or litigation if necessary. By taking these steps, you can mitigate internal risks and ensure the IP rights remain protected.
Enforcing Your IP Internationally: Scaling Your Protection with Your Brand
As businesses expand into global markets, enforcing IP rights become a complex but critical task. Without adequate protection, your IP may become vulnerable to unauthorised use in other jurisdictions. It is important to register your IP in each country where you plan to functionally operate your business. This is essential because IP protections are territorial, for instance IP rights granted in Nigeria do not automatically extend to other countries. When your IP is protected in various jurisdiction, you not only gain the right to restrict third parties from using it, you are also able to monetize it.
Conclusion
While registration is a critical first step in protecting IP, enforcing your rights ensures that your creativity, and business investments are shielded from exploitation both locally and internationally.
Whether tackling infringement, safeguarding sensitive information, or scaling your organisation to new markets, understanding these principles are vital to staying ahead in today's competitive landscape.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.