NIGERIA

• APPLICANTS WHO MAY APPLY FOR INDUSTRIAL DESIGN PROTECTION

  • Following can file Design Applications:
    a). Author of the Design
    b). Employer of the author if Design made during course of employment
    c). Person contracting the author to make the design
    d). Person to whom the author has assigned the design in writing.

    Two or more persons owning interests in the design must apply jointly.

• REQUISITES FOR FILING INDUSTRIAL DESIGN APPLICATIONS
  • • Copy of the drawings;( six views such as front, rear, left side, right side, top plan and bottom plan views. And additional drawings such as perspective and cross-sectional views also may be submitted) – photographs in jpg format
    • Full name and address of each creator;
    • Full name and address of each applicant;
    • Name of the article to which the design is applied;
    • The filing date, application number and country of the priority application; and
    • Priority document
    • The filing date, application number and country of the priority application; and
    • The priority document ;
    • Statement of Novelty in respect of the articles to which industrial design is applied to.  However, not required while registering wallpaper, lace or textile articles;
    • Full payment of fees;Statement of Novelty: Novelty refers to originality, something new or unusual.  In this context, if the examiner so deems necessary, may direct the applicant to endorse the application and the representations with a brief statement of novelty that he claims over the designs so submitted for registration.

    Prior Disclosure destroys novelty of the Design so extreme care has to be taken to maintain secrecy of the Design.  However, disclosure during the priority period of 12 months will protect novelty.

• KINDS OF INDUSTRIAL DESIGNS REGISTRABLE
  • • Combination of lines, colours and / or both
    • 3 dimensional
    • Combination of the above To come under the scope of registration, a Design should:
    • Be new and / or  original
    • Not have been disclosed to the public anywhere by publication in tangible form or by use in any other way prior to the filing date or where applicable, the priority date of the application for registration.
    • Be significantly distinguishable from known designs or combination of known designs.
    • Not contain scandalous or obscene matter, or be contrary to public order or morality.
      Not be a mere mechanical device or apparatus.
    • Be applicable to an article, should appeal to the eye.

    Original here means, originating from the author of such a design and includes those cases which though old in themselves , are new in their application as well.

• KINDS OF INDUSTRIAL DESIGNS NOT REGISTRABLE

  • The following kinds of Designs are not registrable:

    • Designs which are not new or original
    • Designs which have been disclosed to the public anywhere in the world by publication in a tangible form or by use or in any other way prior to the filing date.
    • Designs which are not significantly distinguishable from known designs or combination of known designs    or
    • Comprises or contains scandalous or obscene matter
    • Designs previously used in Nigeria
• STEPS TO INDUSTRIAL DESIGN REGISTRATION

  • Conducting a search prior to filing the design application is always advised to rule out conflict with prior registered marks.

    Our Attorney will assist you in search, filing and protection of the Design application in Nigeria.

    1. Ascertaining whether such a design has been registered previously.
    2. Preparing a representation of the design
    3. Identifying the class of design.
    4. Statement of newness and distinctiveness – though optional, highly advised, since it helps assess novelty and distinct features better.
    5. Including a disclaimer that the design has not been in the public domain at any point in time.
    6. Claiming a priority date if the design Is registered in other countries.
    7. Determining the fee to be paid.
    8. Ensuring all enclosures are attached.
    9. Complying with objections if any.
    10. Providing full details pertaining to contacts and addresses.
• EXAMINATION PROCESS OF INDUSTRIAL DESIGNS

  • Upon receipt of the application, it is examined for compliance with statutory requirements and is not contrary to public law and order and morality. Application in conformity with all the requirements, it is registered, published and a certificate of registration issued.

• PUBLICATION AND REGISTRATION OF INDUSTRIAL DESIGNS

  • Upon receipt of the application, it is examined for compliance with statutory requirements and is not contrary to public law and order and morality. Application in conformity with all the requirements, it is registered, published and a certificate of registration issued.

• TYPES OF INDUSTRIAL DESIGN APPLICATIONS NIGERIA

  • Kinds of design Application:

    Ordinary application.
    An ordinary application does not claim priority.

    Convention application calming priority .
    A convention application claims priority of an application filed previously in a convention country.

    (Deadline for claiming priority for a design application in ARIPO is 6 months from the filing date of the priority application)

• TERM OF INDUSTRIAL DESIGN PROTECTION

  • Term of Design registration lasts 15 yrs. Our attorney will assist you with renewals.

• BENEFITS OF INDUSTRIAL DESIGN REGISTRATION
  • • Registration gives the registered proprietor, the exclusive right to apply registered design to his products.
    • The proprietor can sue for infringement, license or sell his design as legal property for consideration or royalty.
    • The owner can penetrate & develop the markets for such a design confident of the protection offered through registration.
    • Registration boosts innovation & ensures greater variety for the consuming public.
• Cost of Registration in NIGERIA