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Trademark Dilution

Some of you might have heard about trademarks and a few of you may have in-depth knowledge of trademarks and other Intellectual Property Rights. For those who are not conversant with the term trademark, it refers to a sign capable of distinguishing goods and services of one brand from another (Section 10(1) of the Nigerian Trademarks Act 1967). Under the Nigerian trademark Act, a mark may consist of “a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination thereof;” while in other jurisdictions, a trademark may include symbols (2 dimensional diagrams), shapes (3 dimensional diagrams), words, numbers, and logos, as well as non-conventional marks  such as colours, smells,  holograms or sound . Trademarks have to be registered to obtain protection (although unregistered trademarks may be protected albeit to a lesser degree) and can be protected for as long as the registration is renewed.   Perhaps the most recognisable tradema...

CHOOSING HAPPINESS

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   Photo by Skyberry Studios DISCLAIMER : This is not an Intellectual Property article. If you do not take anything else from this article, remember this, happiness is a choice. Technology has made it easier to see at a glance, how other people live and what constitutes some of their daily activities (and for some, all of their daily activities). This, in turn, may have led to the increase in personal wants, as we can examine other people’s lives vis-à-vis our own. Before the advent of social media in Nigeria, my wants were limited to things I saw in magazines, heard about or saw physically myself thus my wants were far less than they are now.  Furthermore, society constantly pushes us to want more things, expect more out of our lives, and attain higher levels of success. The retail industry promises us that happiness lies in the next purchase and keeps us hooked to products, like an addict in search of the ultimate high. We fill our lives with things...

West Africans ditch Dutch wax prints for Chinese 'real-fakes'

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West Africans ditch Dutch wax prints for Chinese 'real-fakes' Togolese fabric markets are increasingly stocked with low-cost Chinese reproductions. Koko Masseme Nina Sylvanus , Northeastern University Since the early 20th century, Vlisco has produced African print cloth – otherwise known as Dutch wax prints. This vibrantly coloured and intricately patterned fabric dominates West African markets and is globally recognised as quintessentially “African”. Ironically, this iconic bold cloth was originally forged by Dutch colonial companies attempting to mechanically reproduce handmade Javanese batik cloth. When this failed to take off in Southeast Asia, Dutch traders began to sell the cloth in West African markets. The patterns were modified to fit local tastes and quickly became popular. The rise of mass-produced, Dutch wax prints partially displaced domestic textiles, which lacked the colourfastness and material lightness that ulti...

CLOSET CURATION

WHAT EXACTLY IS CLOSET CURATION? Think of it in terms of a museum, a fashion show, or a boutique. Curators, designers and store owners only put up work that they feel reflects their brand. It is the same with your closet; you should only have stuff in there that represents you. Before you can begin curating your closet, here are a few questions you should ask yourself: 1.      Who am I? Okay I know this may sound deep but I promise it is not. This question deals with your age, sex, finances, fashion likes and dislikes, colour choices, body shape, religion etc. 2.      What is my lifestyle? This refers to your job and social habits. For example, do you work behind a desk or are you more in the limelight? Do you work on television, does your job require meetings with clients or are you working on a computer all day? Does your office have a dress code, do hang out a lot with friends and  have a popping social life or are you more of a...

IP and Photography: Who owns the Click Right?

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Presently we live in an age where almost everyone is on one social media platform or the other and communication, using photo or video sharing is by the click of a button. It is essential to know who owns the pictures we so often see, like, share, and repost. What is Photographic Copyright? A basic definition of Photographic Copyright is the right which the owner of a photograph has in his/her property, allowing him/her to reproduce, license and sell his/her work (positive rights) and preventing others from copying or using (communicating to the public) his/her work without permission (negative rights). Ultimately, each country would have variations in what they term Photographic Copyright to be depending on their laws. The Berne Convention, however, provides for the minimum requirements which member states are required to meet. In Nigeria (a signatory to the Berne Convention), photographs are eligible for protection under copyright law since they fall under the caption of ...

A TALE OF TWO HEADS

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A Tale of Two Heads The Ife Head - The British Museum Anyone conversant with African Art and in particular, Nigerian Art would be acquainted with the Ife sculptures. According to the description on the British Museum website, these artefacts, cast in the lost wax technique (cire perdue), were discovered in 1938, at Wunmonije Compound in Ife, Nigeria. The discovery of the artefacts was by accident during house building works and included seventeen brass and copper heads and the upper half of a brass figure making eighteen artefacts in total. Notably among them is the Ife head, which currently sits at the British Museum in London. Mr Bate, an editor of the Nigerian Daily Times, purchased the head in Ife. Subsequently, Sir (later Lord) Kenneth Clark, Director of the National Gallery purchased the artefact for the British Museum in 1939 acting on behalf of the National Art Collections Fund. The Ife head features an elaborate beaded headdress, which could represent a crown, s...
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THINKING OF PROTECTING YOUR RECIPE WITH IP? Lasagna for the win If you are a foodie like me or you just enjoy cooking, you might have rustled up some wonderful things in your kitchen. This might have had you thinking, “Hmm maybe I could protect this recipe or process”. Thankfully, you are not alone and we at The IP Hut are here to share what we know about IP in the kitchen. In an earlier post, we discussed briefly the types of Intellectual Property Rights available and they included copyright (and moral rights), trademarks, patents, trade secret, design rights, geographical indications, traditional knowledge etc. However, since we are discussing recipes, the IP rights that would be relevant to our discussion include Copyright, Trade secret, Patent, and Trademarks. COPYRIGHT A recipe is an idea that can be protected by copyright if it has been expressed i.e. it has been written down or photographed or documented in any form. Copyright cannot protect a mere idea. Thinkin...