Procedure for Product/ Design Registration in Nigeria

Registering a product or design in Nigeria gives protection that prevents it from being reproduced, imported, sold, or used for commercial purposes. The concept of product or design registration is to help prevent plagiarism or piracy.

Any design that is new and not contrary to public morality can be registered in Nigeria. The creator can file for the registration of such a design. In the case where the product or design is simply a minor change or difference from an earlier design- it will not be eligible for design protection because it is not seen as new. The first person to file for design registration is perceived as the owner of a design. For this reason, creators/ inventors are often encouraged to register their designs promptly.

For a design to be applicable for registration, it must have not been sold or made available to the general public. If a design has been sold or made available, it can no longer be considered as new, and hence illegible for product/ design registration. A registered design is also known as an “industrial design”.

Registration of design is very essential for business owners and creators in Nigeria. It protects such products or designs by law, so legal actions can be taken against infringers. Registration is made at the Registry of Trademarks, Patents and Industrial Designs.

Industrial Design

What is Industrial Design?

In intellectual property law, an industrial design is the ornamental or aesthetic part of a product. It is rather only an armchair. The design of every product may have functional properties or technical features. However, in intellectual property law, the aesthetic aspect of a finished product is what is referred to as an industrial design.

Industrial designs are in different industries and product varieties such as fashion, medical instruments, furniture, household products, toys, sports equipment, architectural structures, electrical appliances, and lots more.

Before it can be considered as an industrial design, it must have a three- dimensional feature like a shape of a product; a two-dimensional feature such as patterns, colour, or lines of a product; or a combination of one or more of these features. According to the Nigerian Patents & Designs Act; “any combination of lines and/or colours and 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 an industrial process and is not intended solely to obtain a technical result.” The Patents and Designs Act governs the registration of industrial designs in Nigeria.

Benefits of Product/Design Registration in Nigeria

Registering an industrial design has numerous benefits. It adds value to the product and brand by making it more attractive to customers. Its uniqueness will become a major selling point for your brand. Protecting a design through registration is a vital business strategy for manufacturers in Nigeria.

Other benefits of registering a product/design in Nigeria include:

1. Monopoly

The owner of a registered design will obtain an exclusive right to it. The industrial design cannot be copied, imitated, sold, or used without permission from the owner. Having such a monopoly is a great competitive advantage for businesses in Nigeria.

 2. Additional Revenue

Having a registered design can serve as a means of additional revenue for your business. Protected designs can be licensed or sold to others at a fee. Licensing the design will serve as an extra source of revenue for your business.

3. Competitive Advantage

 By registering a design, your business will enjoy a competitive advantage. Since your product cannot be copied or imitated by others, it will strengthen your competitive position.

4. Asset

Registered industrial designs are assets. They can increase the commercial value of an organization as well as its designs. A successful design will directly increase the value of a company.

5. Legal Action

Upon infringement, you can take legal actions and claim damages for a registered design/product. Your design will be protected by law and infringers will be punished.

Requirements For Product/ Design Registration in Nigeria 

Before a design can be registered in Nigeria, there are a few requirements that must be met by the applicant.

1. New

The applicant must ensure that the design is new and not registered by another person before it can be considered for registration. It must also not be contrary to public order or morality. 

2. Not Publicized

Before seeking legal protection, the design must not be publicized or used for commercial purposes. Else, it will be illegible for registration.

3. Design Specimen

A copy or image of the design must be provided. In the case of the image, it must be in the JPEG format.

4. Agent/ Power of Attorney

Designs cannot be registered without an accredited agent or lawyer. A signed Power of Attorney authorizing the agent to register for the design on the applicant’s behalf.

5. Basic Information

Basic information such as the full name of the applicant, address, title of the design, kind of product associated with the design, and others, must be provided. If the applicant’s address is outside Nigeria, an address for service in Nigeria must be provided.

6. Stipulated Fee

A stipulated application fee and other fees must also be provided by the applicant.

Duration of a Registered Design in Nigeria

Under The Patents and Designs Act, in the Nigerian law, a registered design is protected for a period of 5 years, from the date of application. It can, however, be renewed for two consecutive 5 year periods.

Procedure for Registration of an Industrial Design 

Here is the procedure for design registration in Nigeria

1. Application Filing

The application for design registration must first be filed at the Registry of Trademarks, Patents and Designs. The application form includes the name of the applicant, contact details, power of attorney authorizing the agent, and specimen of the design. A written statement of the novelty of an industrial design. The statement must be accurate, adequate, and cover all the distinctive features of the design. The appropriate filing fee must also be paid. An acknowledgment letter will be issued upon application filling

2. Examination

A formal examination is conducted by the registry to ensure that the design is new and original. All the requirements must also be met before it can be approved for registration. If the application is satisfactory, an acceptance notice will be issued, and if otherwise, a refusal notice will be issued.

3. Issuance of Certificate

Once the design has been examined and meets all the requirements, a registration certificate will be issued by the Registrar. A duplicate of the design certificate will also be included in the Register of Industrial Designs. The registration certificate is valid for 5 years but can be renewed subsequently.

How Long Does it Take to Register a Design?

The process for design registration usually takes six (6) months or more. The timing largely depends on the issue raised by the design examiner. If there are objections raised by the design examiner or opposition for the registration of the design, it could take longer than six (6) months.

Confidentiality of Design Before Registration

The confidentiality of a design is vital to register an industrial design. Once a design has been published, it can no longer be registered and protected by law.

A major criterion for industrial design registration is a novelty. It must be new. If you intend to show people your design, ensure there are confidentiality clauses in a written agreement indicating that the design is confidential. A design that is disclosed to the public in as little as a company’s brochure or catalog can no longer be registered. It automatically becomes a public domain and cannot be protected after six (6) months of its publication.

The Grace Period

The Nigeria Legislation allows a six (6) month grace period from when a design is made public or published. In other words, a design can still be registered within six months from its publication. When items bearing the design are sold, exhibited before applying for registration, it has a six months grace period before it loses its novelty. It is however advisable to keep designs confidential until design protection is obtained. During the grace period, the design will have no exclusive right and can be imitated or reproduced, if registration is not done.

Who Can Apply for Industrial Design Protection?

The manufacturer or creator is eligible to apply for industrial design protection in Nigeria. In the case where the inventor was working under a contract during the creation of a design, the employer can apply for the registration.

Industrial design registration can be done for a company or an individual. However, only accredited agents and lawyers can apply for an industrial design registration. Individuals and organizations must make use of accredited agents like Robert Inoma and Co to carry out their registration. A Power of Attorney for authorization will however be demanded.

Who Owns the Rights Over an Industrial Design?

The right of an industrial design is usually given to the owner or creator of a design, except in special situations. 

If an employee developed the design under his/her employee contract (during working hours, as part of the expected duties), the company or employer will have the right to the design or may require that the design right be transferred to them through a formal written assignment.

Multiple Industrial Design Application

In other countries in the world, applicants can register multiple designs through a single design, as long as they all relate to the same product or “class” of products. However, in Nigeria, only one design can be registered with a registration. A separate application is needed for each design.

In the case where you manufactured a set of chairs or tables, for instance. Many countries will allow you to register them all with a single application and fee because they can be classified under the same product. However, in Nigeria, it has to be filed as a separate application.

Foreign Protection

Besides registering a design in Nigeria, it can also be registered in foreign countries for more protection. Registering in a foreign country can be needed if your company intends to license, sell, or export the products to other countries. Registering the design should be considered to enjoy the same protection benefit abroad as it enjoys in Nigeria.

Conclusion

Registering an Industrial design is essential for manufacturers and business owners in Nigeria. It grants you the legal exclusive right to the design and gives you a competitive advantage. The design must be new before it can be registered. It is, therefore, paramount to keep the confidentiality of your design/product before it is registered.

The process for design registration is not complicated, but it has to be done by accredited agents like us.

Robert Inoma & Co is one of the best law firms in Nigeria, with accredited and professional lawyers that offer services in trademark and patent registration, design registration, tax consultancy, corporate law, and other services.  Robert Inoma & Co is offering free design registration services to businesses. This is our way of helping businesses and/or our clients during this pandemic period. To begin your free design registration in Nigeria, contact us or visit www.robertinomalaw.com to start your design registration process today.