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Copyright
Copyright is perhaps the most popular intellectual property to an average citizen of a developing country. This may be as a result of the presence of copyrightable works in a society. There is barely a nation that thrives in the absence of functional education, entertainment, media and publication sectors, to mention but a few of the copyright related industries.
On the face of it, copyright deals with original works such as writings, music, drama, art and photography, films and so on and by extension, sound recordings, data compilations, choreography, broadcasts among others. Generally, these are broadly categorised into literary, dramatic, musical and artistic works.
Although more complex, the term ‘copyright’ is used to describe the intellectual property rights granted to a creator or an inventor of a copyrightable work. It confers on a right holder two (2) types of rights;
1. Economic rights
2. Moral rights
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- Subject Matter of Copyright
- Copyright
- WIPO Performances and Phonograms Treaty
- WIPO Copyright Treaty
- Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
- Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms
- Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled
- Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite
- Berne Convention for the Protection of Literary and Artistic Works
- Beijing Treaty
- Copyright ACT CAP 28 Laws of the Federation of Nigeria 2004
- Copyright Act of the Rebublic of Ghana, 2005
- Copyright Duration
- Entertainment-Contracts
- Justifications for Copyright and Patents Protection
- Online Copyright Infringement
- Entertainment Contracts in the Music Industry
Trademark
A trademark is a word, phrase, or logo that identifies the source of goods or services. Trademark law protects a business’ commercial identity or brand by discouraging other businesses from adopting a name or logo that is “confusingly similar” to an existing trademark.
Since the dawn of the human race, mankind has always been eager to ‘mark their territories’, sometimes as a show of supremacy over the other or a way to represent and identify that a particular thing, place, and even person belonged to them. This singular act has transcended and evolved over centuries into various modes and forms, ranging from legally defined geographical territories, to patriotic symbols like flags, crests, drawings and so on.
Intellectual Property Law aims to protect ideas, innovation, creations, crafts among others and this need to mark territory has inadvertently and deliberately transcended into the realm of intellectual property and has been adopted by persons (natural or artificial) to purposely ‘mark territory’. This concept is popularly referred to as a “Trademark”.
Download Trandemark Learning Contents
- Understanding Trademarks by Mohammed Zayyad Tijjani
- Trade Marks Act, 2004 (Act 664) Republic of Ghana
- Trade Marks Act, CAP T13 LFN 2004
- Madrid Agreement Concerning the International Registration of Marks 1891 (as amended)
- Paris Convention for the Protection of Industrial Property
- Emerging Trends and Trademark Protection in Nigeria
- Entertainment-Contracts
Patent and Designs
Every country requires technological improvements as a means to generate solutions to the adverse needs of the society. It is this need to encourage advancement that patents aims at achieving. Unlike other intellectual properties such as copyright and trademarks, patent is a property right from the government to the inventor in which the inventor is not obliged to practice his invention but is empowered upon due diligence to prevent the exploitation of his/her invention in the country or countries of registration without his/her consent. An invention can be exploited through the manufacture, use or sell of the invention among others. The government in exchange for patent protection requires the inventor to lodge a full disclosure of the invention with the designated office. Patent is sustained by the inventor through the payment of a certain fee at a stipulated time as may be laid down by law. It is important to note that the invention must be such that a specific problem in the field of technology; product or process is solved.
Patent enables an inventor derive substantial material benefits for his invention as reward for his intellectual creation and value to society. The medium of enforcement varies in jurisdictions as stipulated under national laws. Whatever the medium of enforcement, an inventor is required to be vigilant to bring actions of infringement against infringers.
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- Patents and Design
- Industrial Designs Act 2003 (Act 660) Ghana
- Hague Act 1960
- Patent and Designs Act, CAP P2 LFN 2004
- Patent Act of the Republic of Ghana, 2003
- Patent Law Treaty
- Patent Cooperation Treaty
- Paris Convention for the Protection of Industrial Property
- Patents Administration in the technology Era: The African experience and lessons from other jurisdictions
International Dimensions
Intellectual Property law has been rightly described as a growing practice area of law, nonetheless, Intellectual property (IP) rights are among the most complex and contentious areas of law. This area of law is an important part of a country’s infrastructure necessary for economic development. Unlike tangible assets, the protection of intellectual property has been a subject of numerous debates, interestingly yet unsurprisingly, the protection of intellectual property despite the numerous debates has survived many premature obituaries, and as such, the justification for the protection of intellectual property exists under international human rights frameworks, notably is the Universal Declaration of Human Rights, which provides as follows:
“Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author”
Similarly, Article 15 of the International Covenant on Economic, Social and Cultural Rights provides that everyone has a right to both the moral and economic interest resulting from any scientific, literary or artistic production of which he is the author.
Download International Dimensions Learning Contents
- International Dimensions to Intellectual Property
- 1999 Constitution of the Federal Republic of Nigeria
- Constitution of the Republic of Ghana 1996 (as amended)
- International Covenant on Economic, Social and Cultural Rights 1966
- Universal Declaration on Human Rights 1948
- MIPLG submisssion on WIPO’s AI and IP Policy Public Consultation,
- IP and Human Rights
- About the World Intellectual Property Organisation
- Beijing Treaty- WIPO
Competition Law
Nations seek to protect and regulate market activities within its territory. The aim is to prevent monopolistic activities and anti-competitive behavior of undertakings within the nation’s economic market. Competition laws aid the promotion of healthy competition by declaring anti-competitive activities such predatory pricing, price fixing, exclusive agreements, cartels and oligopoly, monopoly and abuse of a market power or dominance. Competition laws further regulate mergers to prevent unhealthy dominance by undertakings over a given market.
In many jurisdictions, anti-competitive behavior is a criminal offence and subject to stipulated penalties such as fines and imprisonment among others. The rationale behind anti-competition preventive measures is that these behaviors reduce competition resulting in lack of availability of substitution of products in a market and so on. There are various theories which justify the importance of competition Laws. Very prominent are the social welfare and consumer welfare theories. Whatever the approach, lack of adequate competition in any market hinders economic progression which is stirred up by innovation.
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Competition Law
Nations seek to protect and regulate market activities within its territory. The aim is to prevent monopolistic activities and anti-competitive behavior of undertakings within the nation’s economic market. Competition laws aid the promotion of healthy competition by declaring anti-competitive activities such predatory pricing, price fixing, exclusive agreements, cartels and oligopoly, monopoly and abuse of a market power or dominance. Competition laws further regulate mergers to prevent unhealthy dominance by undertakings over a given market.
In many jurisdictions, anti-competitive behavior is a criminal offence and subject to stipulated penalties such as fines and imprisonment among others. The rationale behind anti-competition preventive measures is that these behaviors reduce competition resulting in lack of availability of substitution of products in a market and so on. There are various theories which justify the importance of competition Laws. Very prominent are the social welfare and consumer welfare theories. Whatever the approach, lack of adequate competition in any market hinders economic progression which is stirred up by innovation.