Introduction
Did you know that the iconic Coca-Cola formula has been
shielded as a secret for over a century or that the social media feed you
relish, and the viral song you put on repeat, each pulses with the essence of
human creativity protected by law?
These aren't just trivia; they're glimpses into a system
that safeguards ingenuity.
Intellectual Property (IP) refers to creations of the mind.
From inventions and literary works to brand names, unique designs, symbols,
names, and images used in commerce. By granting creators exclusive rights to
use and distribute their work, IP laws encourage innovation and creativity,
balancing public benefit with private incentives. Although IP might sound
specialized and complex, it is deeply woven into daily life, influencing many
of the things we use and enjoy without our conscious awareness.
Historically, IP concepts evolved from ancient artisan marks
to modern frameworks like the Statute of Anne in 1710, which laid the
groundwork for copyright law, and international bodies such as the World
Intellectual Property Organization (WIPO) established in 1967, to harmonize
global protections.
In this edition of The Stellar Brief, we are going to shed light
on how ordinary people encounter IP in their daily routines, often without a
second thought, uncovering its hidden presence around us.
What
is IP?
Intellectual
Property broadly deals with the creations of the mind. Just like you would
lock your house, IP locks up your ideas so they do not get misused without
permission. However, the ownership rights granted to creators or brands vary
depending on the work in consideration. Copyright deals with literary, artistic
and creative works amongst others, while trademarks are used in identifying a
good or goods with a specific company. This brings us to the types or
means of protecting and enforcing Intellectual Property (IP). The main types of
IP are:
- Copyright,
- Patent,
- Trademarks,
- Industrial designs,
- Trade secrets,
- Geographical Indications, and
- Plant varieties
Copyright exists to protect the
creative work people put their time, effort, and imagination into, like books,
movies, music, and more. It gives authors, artists, and composers the right to
control how their work is used. Even things like newspaper articles, reference
books, and advertisements are covered. These days, even digital content like
TikTok dances and sounds can be protected by copyright. But it is important to
understand that copyright doesn’t protect ideas that only live in our heads. An
idea has to be clearly expressed, written down, recorded, or brought to reality
in some way, before it can be protected.
Copyright grants authors and creators
exclusive rights as regards matters of reproduction, distribution, and
adaptation of their works. Essentially, creators are guaranteed control over
the usage of their works for a specific period of time. Interestingly, works
are protected by copyright the minute they are created without the need for
registration. Copyright typically lasts for the creator’s lifetime and 50-70
years (depending on the nature of the work) after their death.
There are disparities in exceptions
and limitations to copyright depending on national laws in different countries.
In Nigeria, these exceptions are contained in Part II (Sections 20-27) of the
Copyright Act, 2022.
Patents cover new inventions that
can be mechanical or technical innovations. The invention in question must be a
new product or process in a field that cannot be obviously deduced by an
average individual in the field. Also, the invention must be a patentable
subject matter under the patent law of the country. Patent rights are dependent
on the inventor's full disclosure of the technology to the patent office upon
application. Although patents grant inventors exclusive rights to make, use,
sell, or import their inventions, the patent owner may subsequently license or
sell their rights to others. A patent has a time limit of 15-20 years.
Patents can be granted by the
national patent office and regional offices that work for countries.
A trademark is a type of
intellectual property protection granted to logos, designs, brand names,
mantras, and anything used to identify a brand and the goods or services it
provides to customers. A trademark serves as an identification and
differentiation for a product, brand or business in the marketplace. Usually,
trademarks give an assurance of the brand's quality and standard, which should
be duly protected. "Nike's swoosh" is a good example.
Trademarks can last in perpetuity
as long as it is continually renewed by the business.
Industrial design refers to the
protection granted to the visual, ornamental, and aesthetic characteristics of
an item, product, or its packaging. Industrial design entails the shape, color,
or pattern that distinguishes a product. The time frame for industrial designs
varies but can last for as long as 15 years with continuous renewal.
Industrial design protection grants
creators or businesses the right to prevent illegal imitation of their products
or designs. The shape of a Coca-Cola bottle and the pattern on a designer bag
are protected by industrial design.
Trade secrets are rights protecting
the "hush-hush" essential and confidential pieces of information that
are crucial to the products or services rendered by a business. In most cases,
this information is concerning the processes involved in the creation of a
product and is vital to the creator or business. The rights in Trade secrets
prevent unauthorized or illegal disclosure of such crucial information. A
popular example is the Coca-Cola recipe.
Geographical indications, as the
term implies, refer to the names or signs on a product that give indications to
the geographical origin of such product and assurance that such product
possesses the qualities or reputation attributed to that origin. The popular
examples are "Champagne" which originated in France, "Dodo
Ikire" from Ikire town, "Darjeeling" tea from India, and
"Swiss" that indicates origin in Switzerland inter alia. There are
various treaties that provide for the protection of geographical indications.
Plant Varieties is a one-of-a-kind
protection granted under Intellectual Property known as the "Plant
Breeder's Right". This was provided for in the UPOV Convention, that is,
the International Convention for the Protection of New Varieties of Plants. For
a plant variety to qualify for protection, it must be newly developed,
distinct, and stable amongst others. The Plant Breeder's Right allows the
breeder control over the use, sale, import, export, and production of such a
plant breed. However, there are exceptions to the rights granted to breeders.
This is also covered under the UPOV convention.
Generally, the rights granted to
the various types of Intellectual Property can be enforced in cases of
infringement, exploitation, and activities that are against the interest of the
creators, individuals, or businesses involved.
Everyday Examples of IP in Action
Intellectual property isn't confined to courtrooms or
corporate boardrooms; it's embedded in the fabric of our daily lives,
protecting the ideas and expressions that make modern existence convenient and
enjoyable. Let's explore some common scenarios where IP plays a starring role,
drawing from real-world applications to show how these rights operate behind
the scenes.
1. Streaming Movies
or Music
When you watch a movie on Netflix or listen to your favorite
artist on Spotify, you are engaging with copyright law. Copyright protects the
original expression of ideas in literary and artistic works. When you hit play,
you're accessing content through licensing agreements. That is, contracts that
allow services to distribute protected works while compensating artists,
supporting the art and entertainment industries. Without these copyrights,
piracy could undermine the incentives for producing high-quality entertainment,
as seen in ongoing debates over digital rights management.
2. Wearing Branded Clothing
Looking at your wardrobe, Logos like Nike’s swoosh or Adidas’ three stripes aren’t just decorations, they’re trademarks. A
trademark is a distinctive sign, logo, or names that differentiate one
company's goods from another's, preventing consumer confusion and building
brand loyalty.
Beyond fashion, trademarks help consumers identify quality
and origin. Every time you buy a shirt with a well-known logo, you are
interacting with IP law by supporting brand reputation. Trademarks give
consumers confidence in the quality and authenticity of products and services,
whether shopping onsite or online.
3. Your Local Business Names
Walking through your neighborhood, the names of local
businesses you see are also trademarks. These IP rights prevent others from
using confusingly similar names, helping to maintain distinct identities and
protect reputations at the community level.
A bakery named “Sweet Treats” or a barber shop called “Sharp
Cuts” may register these names to prevent others from copying them. Trademarks
give businesses exclusive rights, which builds consumer trust and brand
loyalty.
4. Fast Food Restaurants and Chains
Eating at McDonald’s or KFC is another interaction with IP;
this introduces trade secrets and franchise licensing agreements. Trade secrets
protect confidential information, such as the legendary Coca-Cola formula or
KFC's blend of 11 herbs and spices, which remain undisclosed to maintain a
competitive edge without the need for patents. Franchise models rely on
licensing agreements that comprise trademarks (e.g, logos), copyrights (for
menus and ads), and sometimes patented processes, enabling consistent branding
across locations while protecting the parent company's assets.
5. Smartphones: A Hub of IP
The device in your hands (your smartphone) is a bundle of
intellectual property, a veritable IP powerhouse. Patents protect the
innovative technologies inside, such as the touchscreen interface or battery
management systems, granting inventors exclusive rights for a limited time
(typically 20 years) in exchange for public disclosure of the invention. For
example, Apple's iPhone incorporates thousands of patents covering everything
from hardware components to software algorithms. Additionally, the device's sleek
appearance falls under industrial designs, which shield the aesthetic features
like shape and color patterns. The operating system, meanwhile, is guarded by
copyrights on the software code, preventing unauthorized copying while allowing
updates and apps to flourish. Its software is protected by copyright, covering the code and
interface design. Meanwhile, the brand name (e.g., Samsung, Apple) is protected
by trademarks, and the sleek design
may even be covered by industrial designs.
A single smartphone embodies thousands of patents and design registrations.
6. Academic Textbooks and Software
Tools
IP touches academic essentials. Photocopying or downloading
textbooks involves copyrights, where fair use permits limited excerpts for
study, but replicating entire chapters in the PDF could violate rights.
In group projects, students create IP in the form of
reports, presentations, or inventions in labs, owning copyrights or potentially
patenting ideas, with universities often retaining some rights for educational
use. For instance, developing a new app or artwork in class grants you rights
to reproduction and distribution, but collaboration requires agreements to
avoid disputes over ownership. Even campus events, like attending a concert or
using library databases, involve copyrights on performances and protected
content.
In essence, IP is the invisible thread connecting
creativity, commerce, and culture. Whether accidentally or intentionally, every
person interacts with IP when consuming media, using technology, wearing
branded apparel, or visiting local businesses.
Why
Intellectual Property Matters?
IP is of utmost significance in our
world today since modern societies rely heavily on intellectual property rights
(IPRs) to foster innovation, creativity, and economic growth. IPRs, which
primarily protect the creations of the mind by granting exclusive rights to
creators directly or indirectly. This protection does not just benefit the
creator, it also affects the prices of goods and services, public access to
goods and services, and the promotion of innovation and creativity in one way
or another, and even the respect given to the creators and inventors of a
particular work.
IPRs play huge roles in determining
how much we pay for the goods and services we do much enjoy. These rights
permit their owners to control the usage of their works, enabling them to get
paid through royalties and licensing agreements. Royalties are essentially
payments made to copyright owners whenever their work is used, and they vary
depending on the usage. On the other hand, licensing agreements are commercial
contracts between the owner of the IPR and persons who want to use their work.
Through licensing agreements, creators and inventors set specific terms and
conditions for usage, including… (you guessed it!) pricing. In this manner,
IPRs significantly affect pricing. If you are a creator, think of this like
renting out your work - you set the terms, and others pay to use it. For
example, patents grant pharmaceutical companies the right to set a higher price
during the patent period to maximize profit.
The rights guaranteed in IP control
public access to the creations of the mind. Exclusive rights are granted to
individuals or businesses to determine who has access to the knowledge,
creation, or technology. Simply, the creator possesses exclusive rights to
control the distribution, reproduction, and modification of their work. Because
this exclusivity granted to creators or inventors often create barriers in some
cases, there are means of accessing creations without breaking any rules. This
is because one of the underlying principles behind IP is that the public is
able to benefit from the innovations and creations of citizens. For example,
while reproducing a copyrighted book to improve access without authorization
from the copyright owner is wrong, fair dealing exceptions permit libraries to
do so.
Without innovation, there would be
no need for IP, and without IP, many people might not innovate. IP law serves
as a safety net for innovation because it protects the creations of
individuals, inventors, brands, and businesses and as a result, other potential
creators and inventors made aware of the security that is bestowed on their
creations are willing to take risks that may be too costly or uncertain. This,
in turn, promotes innovation in society. The legal means by which creations can
be used without infringement also encourage innovation. Since individuals have
access to the process or method used in a particular piece of work, this access
can serve as an incentive and medium for learning for others that they can
build on. IPRs provide incentives for investment in innovation by protecting
the economic interests of creators while balancing public access to new
technology.
Intellectual property rights exist
to promote and ensure the ethical usage of the contents or works they protect.
The rights stand to protect creators from unauthorized usage or access to their
works. However, widespread piracy and the use by Artificial Intelligence (AI)
tools of copyrighted materials without authorized access constitute unethical
usage that is detrimental to the interests of the creator or inventor. Although
these uses may grant the public access to IP, losses incurred by creators and
inventors render them unethical, and they should therefore not be encouraged
and promoted in society. This is because these losses deprive the creators of
benefit meant for them, and thereby discourage creativity and innovation. While
there are measures put in place to deter unethical usage, it is as well
important that society is aware of IPRs and how much damage piracy causes to
creators, inventors, and even society itself.
Respect for Creators and Inventors
Intellectual Property thrives on
recognizing and enforcing the rights of creators and inventors. The rights
granted in Intellectual property ensure the preservation of the creator's work
value in society. The rights serve as a medium that guarantees their adequate
recognition, respect, and reward. As a result of this respect, creators and
inventors are motivated to continue creating and sharing ideas that benefit
society.
Being More IP-Conscious
The relevance of IP in our daily
lives cannot be undermined or underestimated. IP is in the little things. We
touch and make use of IP every day without being aware. From the song in your
TikTok videos, to the brand logo on your favorite jersey, a photo you saved for
a template, the K-drama and books you download from interesting websites. IP is
literally everywhere! Being more IP-conscious simply means noticing what you
use, checking the rules, and giving credit or permission where and when you
should.
Simple Habits to Avoid Infringement
Since Intellectual property is
everywhere, it is important to be more intentional about not infringing on the
rights of creators and inventors. Seemingly simple things like copying and
saving from materials or websites can cause more harm than we are aware of.
Hence, it is imperative that we are consciously imbibing habits that prevent
infringements.
Start with understanding the
basics. Different rights protect different things. Copyright protects creative
works like writing, music, and images, among others. Trademarks protect brand
names and logos. Patents protect inventions. Trade secrets protect confidential
information. Knowing the distinctions between these rights and being aware of
the one you are dealing with helps you act correctly.
Obtain permission or licenses where necessary.
Just like how we have to ask our
friends before taking or using whatever belongs to them, it is equally
essential to obtain permission or licensing agreements before using other
creators, writers, or inventors' work. Sticking to the terms of the agreement
granted is of utmost importance, too.
Register your own Intellectual Property.
This
is a habit that every writer, creator, and inventor should learn. Where there
is no law, there is no crime. There cannot be a case of infringement where the
work is not duly expressed or registered, where necessary. Also, creators
should avoid similar names, logos or designs that can confuse.
Give credit where credit is due.
For any use of a creator or
inventor's work, it is proper and basic to always give credit to the original
creators and inventors. No use is too minimal to warrant credit.
Train your eye to notice symbols.
These symbols are not just
decorations; they tell you what rights exist. The ™ symbol implies a claimed
trademark, even if it is not registered. The ® symbol means the trademark is
officially registered. Hence, there is official legal protection. You can use
TM or SM while you are applying, but you should only use ® after registration
is complete. Copyright exists automatically once an original work is
expressed in a tangible form, whether or not you place the © symbol.
Although a clear copyright notice
will help prove ownership without bias. Being able to identify and understand
these symbols and what they mean will go a long way in preventing Infringement,
as we know the rights that apply to each intellectual property, respectively.
Also, prior to the usage of any creator's work, look for license terms. On
websites and apps, check the Terms of Use or a License link. Creative Commons
licenses are the most practical ones because they spell out what you may do
with a particular work and how to legally use the contents. On websites/apps
you may see: “All rights reserved,” “For personal use only,” or “CC BY-SA”
(Creative Commons).
In essence, the main aim is to
build safe habits. Keep a simple permissions folder with letters of agreement
or emails that show you have the right to use a creator's work. Attribute
creators clearly by name, title, source, and license. When possible, choose
official channels and paid or licensed sources rather than pirated copies. In
return, this protects you and sustains the people making the things you love.
Small checks add up. Notice the
symbol, read the license, save your proof, and support the creator. That is
everyday IP-consciousness.
Final Thoughts
Intellectual property is omnipresent, subtly influencing
nearly every aspect of our daily lives from the entertainment we consume to the
technologies we rely on and the brands we trust. As we've seen, IP isn't an
abstract concept reserved for inventors or corporations; it's the guardian of
human ingenuity that powers economic growth, job creation, and cultural
enrichment. By protecting creators' rights, IP systems encourage a cycle of
innovation where ideas can flourish without fear of theft, ultimately benefiting
society as a whole.
Yet, with great access comes responsibility. We encourage
all readers to engage with creative works appreciatively and ethically: support
artists by using licensed services, avoid sharing pirated content, and respect
trademarks by steering clear of counterfeits. Building respect for IP fosters
an environment where innovation thrives, as emphasized by global efforts to
combat infringement and promote fair use. As consumers, our mindful choices can
amplify the positive impact of IP, ensuring that future generations inherit a
world rich in originality and progress. Let's commit to valuing the minds
behind the magic, after all, respecting IP is respecting the spark of human
creativity.
References
● WIPO – Respecting IP: WIPO IP for
Business & Consumers
● Importance of IP rights for
incentivizing innovation and respecting creators, as emphasized by B.F.A &
Co. Legal.
● Challenges and ethical issues in
digital IP protection, including AI's impact on IP and ethical use of content.
● MasterClass Intellectual Property
Guide for a concise history and types of IP.
● WIPO booklet "Understanding
Industrial Property" for an authoritative overview on industrial property,
including patents, trademarks, designs, and geographical indications.
● Intellectual Property Rights and
Access to Innovation: Evidence from TRIPS (Margaret Kyle & Yi Qian)
● Intellectual Property Rights and
Access to Innovation (NBER Working Paper)
● Pfizer report referencing Kyle
& Qian's work on IP and innovation
● Additional PDF on Investments in
Pharmaceuticals Before and After TRIPS
● Creative Commons Licenses:
creativecommons.org/licenses
● Nigeria Copyright Act (2022):
Nigerian Copyright Commission
● USPTO Trademark Basics: USPTO
Trademarks
● Tips to Avoid Intellectual Property
Infringement and Protect Your Business
● Explanation of Copyright,
Trademark, and Registered Trademark Symbols
●
Ways to Support Content Creators Without Spending Money
●
https://www.libraries.rutgers.edu/research-support/copyright-guidance/copyright-students