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Intellectual Property

Nigeria
Smit & Van Wyk Patent, Trademark & Registered Designs

Nigeria Designs

Nigeria designs require absolute novelty, but unlike a patent, a design may be registered up to 6 months after the design has been disclosed or released to the public. Nigeria designs have an initial term of 5 years from date of filing, with possible extensions of 2 further terms of 5 years each. The Locarno Classificationis followed when filing a design application.

Types of Designs:

  • Industrial Designs

Design Duration / Renewals:

The design has an initial term of 5 years from date of filing, with possible extensions of 2 further terms of 5 years each.

Design Filing Requirements

  • Power of Attorney (can be late filed)
  • Drawings or photographs of the design (required upon filing)
  • A statement indicating the kind of products for which the design is to be used
  • Certified copy of priority document (if applicable) (must be filed within 3 months of the filing date)
  • Sworn English translation of the Priority Document if not in English (must be filed within 3 months of the filing date)
  • Deed of assignment (can be late filed)

International and Regional Systems

Paris Convention

Nigeria is a member of the Paris Convention where each contracting state must grant the same IP protection to nationals of other contracting states, and provides for the right of priority in the case of patents, trademarks and designs. The Paris Convention is an international agreement which helps creators ensure that their intellectual property is protected in other countries. It applies to IP in the widest sense as it covers patents, trademarks and industrial designs to name a few.

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