IP Protection- What, How
& Where
By
Ese Oraka
Partner, Adelphi Consulting
Being a Presentation made at the
Anadach Workshop on the Dynamic
Role of Intellectual Property in
promoting Economic Development
The Objective
Help participants understand Intellectual Property with
• What to Protect’
• How to protect it and
• Where to Protect it’.
https://www.google.com.ng/?gfe_rd=cr&ei=oSCTVd2UMMrH8ge7oIDgAg#q=intellectual+meaning
https://www.google.com.ng/?gfe_rd=cr&ei=qCCTVZffLcrH8ge7oIDgAg#q=property+meaning
The Etymology of Property
Intellectual
Property
Property
Personal
Property
Real
Property
Personal
Chattel
Intangible
Personal
Property
Real Chattel
Tangible
Economic
Property
Note:
“Turning an idea into an IP platform depends on three conditions:
Having a good idea, having full ownership of the idea and having an
idea that is legally protectable.”
Efrat Kasznik
• http://www.bizjournals.com/bizjournals/bio/25861/Efrat+Kasznik

Intellectual Property refers to intangible property owned by a
person in the product of his or her intellectual effort
Creative/Academic
Work:
Copyrights
Database Rights
Trade/Business/
Invention:
Economic Interests:
Patents, Plant
Breeders Rights
Trademark,
Industrial Design,
Trade Secrets,
Goodwill
IP Value Extraction in
Action
Exclusivity/Monopoly
Marketing/Chilling Effect
Intellectual
Capital
Value
Extraction
IP
Creation
Industry Standard/ATT
Asset/Financing
Prestige/Brand
Bargaining Power
IP Asset and Protection
Type of Asset
• Invention
• Logo, Mark
• Physical expression of
ideas
• Marketplace and
Existing Technology
Knowledge
Mode of Protection
• Patents
• Trademarks
• Copyrights
• Trade Secrets
• Contracts
• Publication
Analyzing Protection
Mechanisms
Type
Cost
Protection
Enforceable
Content
Patent
high
strong
yes
idea
Copyright ©
low
low
yes
expression of
idea
Tradesecret
low
-strong
~no/ ~yes
any
Trademark ®
moderate
moderate
yes
name, logo
Design
moderate
moderate
yes
drawing
Where
IP Type
Where
Relevant Laws
Copyrights
Nigerian Copyrights
Commission
Copyright Act (Chapter C.28, as codified 2004)
(2004)
Copyright (Amendment) Decree No. 42
1999 (1999)
Copyright (Amendment) Decree No. 98 1992
(1992)
Self Copyrighting
Trademarks
Registry of Trademarks
Patents & Designs
Trade Marks Act (Chapter 436) (1990)
Patents
Registry of Trademarks
Patents & Designs
Patents and Designs Act of 1971 (Chapter 344)
(1990)
NOTAP (Drafting,
Payment,
Commercialization)
Trade
Secrets
?
Describing your business model
The business model canvas
KEY
PARTNER
OFFER
RELATIONSHIPS
What are
your core
activities and
processes?
What‘s your
offer?
KEY
RESOURCES
Which „jobs
to be done“
do you
satisfy?
What‘s your
relationship
to the
customer?
What‘s your
image?
KEY
ACTIVITIES
You are
your main
suppliers,
partners
and
alliances?
What are your
main assets
and
competencies?
COST CENTRES
What is
driving cost?
Source: Canvas by businessmodelgeneration.com
CHANNELS
How do you
reach your
customers?
REVENUE STREAMS
How do you
make money?
CLIENTS
Who‘s your
customer?
Which
customer
segments do
you serve?
Business Model Canvas-Disney
Geographical Scope of IP
• Almost every country has its own patent law, and a person desiring
a patent in a particular country must make an application for patent
in that country, in accordance with the requirements of that country.
Since the rights granted by a Nigerian IP extend only throughout the
territory , they have no effect in a foreign country.
• A creator or inventor who wants IP protection in other countries
must apply for registration in each of the other countries or in
regional patent offices.
Global Arrangements
• The Patent Cooperation Treaty (PCT) streamlines the process of filing
patents in multiple countries. By filing one patent application with
the Nigerian Patent and Trademark office, applicants can
concurrently seek protection in up to 143 countries
• The Madrid Protocol also makes it easier to file for trademark
registration in multiple countries. By filing one trademark
registration application with USPTO, U.S. applicants can concurrently
seek protection in up to 84 countries.
Trade-Related Aspects of Intellectual
Property Rights (TRIPS)
• The Agreement on Trade-Related Aspects of Intellectual Property
establishes minimum standards of protection for each category of
property rights. These standards should be integrated into the
national legislation of all World Trade Organization (WTO) Members
and they should be applied in accordance with the principles of
most-favoured-nation and national treatment.
• TRIPS is the trade agreement with most implications for the
production of and access to drugs, particularly in developing
countries.
• The agreement aims to bring Intellectual Property Rights (IPR)
systems around the world together under a common international
set of rules, thus addressing problems of international piracy and IPR
infringements.
Costs
About Ese Oraka
•
Ese Oraka is a Business Designer and lawyer with over twelve years post callto-bar experience. His core competencies are in the areas of Business &
Intellectual Property Law, Organizational Strategy/Planning, Corporate
Communications, Team Design & Team Building.
•
His edge is in His ability to bring diverse knowledge, skill and experience to
bear on his clients strategic business objectives. He also has a passion for
setting up and organizing teams with diverse skill sets and a common goal.
•
Ese’s networks are wide, spanning the business, regulatory, creative,
financing and academic communities. He has worked as a Program Manager
(JDPC), Brand Strategist (Headstart), Account Manager (DDB Lagos),
Business Consultant (Onebox Solutions) and a Corporate Law/IP Consultant
(Law Allianz & Chocolate City Group)
•
He was a fellow at the Institute for Venture Design, a collaboration between
FATE Foundation and Stanford University’s Center for Design Research. He is
a founding partner at Adelphi.
Contact
Ese Oraka
Tel:
+234 809 666 7106
Email:
eoraka@gmail.com, ese.oraka@adelphionline.com
URL:
www.adelphionline.com
Blog:
www.insightsbyadelphi.blogspot.com
Twitter:
www.twitter.com/@eseoraka