Intellectual Property (IP) is a collective term for a set of intangible assets that are the results of creativity, such as, patents, copyright, trademarks, trade secrets, etc. Intellectual property protection is essential for encouraging innovation. Without safeguards for ideas, firms and individuals would not gain the full advantages of their creations and would devote less time to research and development. Similarly, artists would be underpaid for their work, and cultural vibrancy would suffer as a result.

Intellectual property law (also known as IP law) is used to protect innovations, brands, creative works of writing, and valuable trade secrets

The 4 main types of Intellectual Property and how to remember them:

  1. Patents: Novel inventions having industrial application
  1. Copyright: Websites, software, books, sound productions, films, etc
  1. Tademarks: Business names, slogans, labels, packaging, logos, etc
  1. Trade secrets: engineering information; methods, tolerances, and formulas; business and financial information

FUN FACTS

According to the World Intellectual Property Organisation (WIPO), patent filings worldwide increased by 3.6% in 2021, while trademark and industrial design filing activity grew by 5.5% and 9.2%, respectively.

You can trademark a scent!

If consumers associate a scent with a certain product/brand, that scent can be a trademark. This is because a trademark is anything associated with a good (or service) that serves to distinguish it from other products.

Green trademarks exist!

Green Trademarks are normal trademarks that are represented graphically (e.g. logo by "The Honest Company" on baby products) which distinguish goods and services from other goods, while promoting the preservation of the environment, eco-friendly products, and sustainable development.

Types of IP infringements

  • Trademark Infringement
  • Copyright infringement
  • Patent Infringement
  • Infringement of confidential business information
  • Cybersquatting

PATENT OFFICES IN AFRICA:

OAPI (African Intellectual Property Organisation)

Comprises of 17 member states: Benin; Burkina Faso; Cameroon; Centrafrique (Central African Republic); Comoros; Congo; Côte d'Ivoire; Gabon; Guinea; Guinea Bissau; Equatorial Guinea; Mali; Mauritania; Niger; Senegal; Chad; Togo

AIRPO(African Regional Intellectual Property Organization)

METHODS OF RIGHTS PROTECTION

  1. Settlement - If the owner of the rights discovered any acts of infringement, he could either reach a settlement with the offender, ordering them to stop, or he may launch a legal claim for damages. Settlement is a speedy way to put conflicts to rest.
  2. Administrative investigation - If the owner of the rights discovers any trademark, patent, or copyright infringement, he may submit a complaint with the appropriate government agency for a legal inquiry. An administrative inquiry is a simple and inexpensive way to submit a case. However, it lacks any legal authority.
  3. Legal Protection - This method allows the owner of the intellectual property to bring the civil action to the court having jurisdiction to claim for compensation (once it has been confirmed that there was indeed an infringement). The court's judgement entails complicated processes, which are better suited for tackling serious intellectual property infringements such as infringement of confidential business information and patented technology.

The registration process: Each class of intellectual property follows specific registration procedures.

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.