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Nairaland Forum / Science/Technology / Programming / All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria (7470 Views)
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All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Synord(m): 8:40am On Aug 19, 2021 |
Good Day . My name is Olaoluwa idowu . I am a lawyer with practice experience in corporate, entertainment/intellectual property and tech law.I am also a designer and startup founder . My interest and sojourn in tech has spawned over three years . During these years , I have encountered a lot of programmers and startup founders who have zero knowledge of intellectual property rights to their works and are unaware of certain cogent laws and regulatory bodies that pertains to their field in tech . A lot of these people have lost some huge deals due to this , some lost customers , some lost investments, some startups folded up, all because they lacked the proper knowledge on the regulatory laws that are relevant to their field of tech and their inherent intellectual property rights . Do you know as a Programmer you have intellectual property rights over some of your codes and most of your designs . ? Yes . You Do . I will be discussing some of these salient issues relevant to programmers and startup founders on this thread including but not limited to Regulatory laws for different fields of technology in Nigeria , contract terms to look out for , type of contracts to look out for when dealing with programmers or vc firms from other jurisdictions, contracts you should have as Programmer etc . The Nigerian environment is not technology friendly ( sadly) and the government is coming up with one law or the other to frustrate the efforts of young Nigerians seeking to break even into legit millions through tech . The best thing you can also do for yourself is to equip yourself with the knowledge Of the law to maneuver the muddy waters of the tech ignorant society we find ourselves and maximize the best out of your programming skills and startup . I am hopeful ( infact confident ) that you will learn a thing or two from this thread as we proceed . If you have any questions , please feel free to ask on the thread . You are welcome We will talk about Copyright Business Registration in the US and Nigeria Dilution Equity VC funding Startup Registration process Employment contracts Non compete contracts Compliance and regulatory needs SCUML Any other topic you need knowledge on . 3 Likes 1 Share |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by patorial(m): 2:09pm On Aug 19, 2021 |
Good to read but, please let this not be the only thread you have to open on corporate law. Thanks anyways. 1 Like |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Obagreatdatoye(m): 2:53pm On Aug 19, 2021 |
Great...I have a good multi million tech start up idea... I need someone with cash to be a partner...whatapp: 09062882306 |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by y3mi(m): 6:32pm On Aug 19, 2021 |
Mind dropping your opinion on my concern in your other thread: https://www.nairaland.com/6709341/must-read-dangers-operating-unregistered#104968043 |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Willmichael(m): 8:00pm On Aug 19, 2021 |
You're a designer cum lawyer....Wow Dis puts you in a good position to tell us about copyrights laws and stuff I'm looking to learn a lot about IP laws from you ..and design too |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by The5DME(m): 11:09pm On Aug 19, 2021 |
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Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Synord(m): 2:08am On Aug 23, 2021 |
Willmichael: Yes very well . I am here for you and many more interested . Will update thread regularly |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Synord(m): 1:11pm On Aug 24, 2021 |
Today . We will be Talking about the Intellectual property rights that you possess as a Programmer and how you can maximize these rights for your career and financial gains . |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Synord(m): 1:30pm On Aug 24, 2021 |
The first and major thing we need to know is What is Intellectual Property ? • There is no universal definition for Intellectual property. . Intellectual property can however be defined as the rights vested in a creator over his Intellectual creation and protected by the law preventing others from exploiting the creation without the Creator's due authorization and allowing the creator to enjoy rewards and benefits from such Intellectual creation without hindrance from third parties. • You used your " Intellect "in creating something thus whatever you created using your Intellect is your " property," . Another person cannot come and claim that what you spent your time and effort making belongs to them . Intellectual property recognizes the Creator as the Lord and master of their own works and allows the person to enjoy his/her work and use it as he/she wishes provided it is not against stated laws. • Nobody has the right to use your creation or work without due permission and approval from You . |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Synord(m): 1:34pm On Aug 24, 2021 |
Intellectual property rights are at the foundation of the software industry. The term refers to a range of intangible rights of ownership in an asset such as a software program. There are four major aspects of intellectual property that relates to the technology field across the world . These aspects of Intellectual Property are 1) Patent 2) Trade Secrets 3) Trademark 4) Copyright |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Synord(m): 1:23pm On Aug 26, 2021 |
We will briefly proceed to talk about the following intellectual property rights . |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Synord(m): 1:23pm On Aug 26, 2021 |
1) Patents : Patents -is the intellectual property aspect that deals with inventions and innovations of a person e.g someone that invents a machine that can erase human memory completely or chemical that can be used to soften beans in 3 minutes can be said to have created something new. If you have invented something unique that you feel no one has created before , you qualify to enjoy patent rights which is an aspect of Intellectual property. |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Synord(m): 1:27pm On Aug 26, 2021 |
Under the Nigerian legal framework , patent is covered under the Patent - Patents and Design Act Cap P2 Laws of the Federation of Nigeria 2004. For a work to be patented , it must be an invention that is novel and solves a technical problem .The work must also be capable of mass production i.e industrial application. Other cogent requirements are contained in the aforementioned act. |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Roadyroadie: 4:15am On Aug 27, 2021 |
Can we also discuss the law in relation to startup taxation and organization |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Synord(m): 5:39pm On Aug 28, 2021 |
Roadyroadie: Yes we will get to that |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by y3mi(m): 5:03pm On Sep 05, 2021 |
Synord: Understood. But still, the summary of all I'm trying to get at with my inquest on this thread is summarized in the two attached screenshot below. I will like to know if the principle highlighted in the attached images also apply within the Nigeria patent laws, hence qualifying my company to file for a patent, in order to deter any from stealing my fintech idea by way of mimicking, emulating, direct copying, clever imitation whatsoever. cc: Synord Bcc: Patented Ltherman
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Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Patented: 6:20pm On Sep 05, 2021 |
Nothing, quote know if under the Patents and Designs Act would allow you to validly patent a business method/way of doing business. I am not familiar with the patent laws in the US or UK...there may be provisions that make business method patent possible. However the truth is, you could get away with patenting such in Nigeria(naija factor) but if it gets to court, it's is unlikely to stand up to judicial scrutiny. y3mi: |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Synord(m): 7:23am On Sep 06, 2021 |
y3mi: Nothing under the provisions of the patent and design Acts or any statutory law allows you to patent an idea . It is best to have the idea developed and in a fixed form before filing for patent . |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by y3mi(m): 8:07pm On Sep 06, 2021 |
Synord:Ofcourse I am aware of all that. Why wouldn't you guys understand that in all my inquiry to which I'm seeking your good advise on, the idea, as I expect you ought to assume, is ofcourse, within the ambit of after having executed, launched and set into operation, and NOT about embarking on a journey of seeking to patent what hasn't been created. And so I ask again below.... Patented:In reference to the statement of the above attached screenshot....would after launching and executing a particular way of conducting business (and by virtue of its novelty of haven't been done before), would I stand to be protected if a patent is granted, would the patent deter any parties from copying, mimicking, emulating and using my same idea of how the business (transaction, operation) is conducted. |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Synord(m): 9:07pm On Sep 06, 2021 |
y3mi: |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Patented: 6:32am On Sep 07, 2021 |
IP has some intricacies that can sometimes only be catered for with adequate info. Without info an or an idea of what exactly we are dealing with comprehensive and proper advise may be impossible. So stop sounding frustrated at an inability to pinpoint a solution for you when you cannot "pinpoint' the concept to people. Having given a caveat. As a general concept, I do not believe your method of doing business can be protected by patent laws. It is only an idea for now. If you develop a manual about it, the manual is protected by copyright laws. Any identifying words or logos can be registered as trademarks. The first banks were not patented. No one patented fintechs, no one patented commercial communication but the technology behind would have been patented. Like I said .....no info.......limited help y3mi: |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by y3mi(m): 1:33pm On Sep 10, 2021 |
Patented:Correct Patented:True Patented:Exactly....what I am asking....It is the novelty of a would-be method invented on and by technology to aid and solve an issue within transactioning in a type of financial world, majority of which are now technologized and best referred to as 'fintech'. Patented:I understand there are characteristics by which an idea/invention can be qualified for patenting, nevertheless, you can't expect me or anyone to disclose the nature, or key concept of the idea here just so you can get the full picture and therefore respond advisedly, I have therefore came up with the following analogy. There is noodles (right ?) We have different noodle makers such as Indomie, ChickiChiki, Mimee, Minemee, Honeywell etc So you have an idea on how noodles can be cooked without using water and still would be served cooked and taste better, you went ahead and create it but yet to launch it, the possibility that once you launch it to the consuming public, other makers of noodles may in turn start mimicking the formula by which the idea behind your product is patronized, the question is....can the formula behind the idea be patented prior to been launched into the public ? You may substitute the word "formula" with 'method/business-method. Patented:Agreed but not if my method of doing business was not only the first on the scene, but has become the intellectual property ascribed to a company with a name that is eponymous to the very concept behind the fin-tech method of conduction such business. For instance the word "google" has become an house-hold name that implies to look up something, and the name is eponymous to the company name itself (before it became Alphabet Inc). There were previously other search engines portals before Google came up such as Lycos and Yahoo! and Binge!, but Google came up with a search engine algorithm with an algorithm that's so unique and efficient thereby setting it apart from others, and they filed for a patent to which it was granted. Now, because it is USA, where law is law, Yahoo, AskJeeves, Lycos, Binge and all others would never ever copy or make use of Google indexing search formula, whether be it a trade-secret or open-secret any programmer can do, because that patent law protects them. It is in the same vein, I am asking, but here in Nigeria...where I used the noodle analogy above. Would the patent law be able to deter others from copying, mimicking or cleverly cloning my technologized method of conducting, not just a business transaction, but a type within the fin-tech world of commerce and trade. |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Synord(m): 1:19am On Sep 11, 2021 |
y3mi: The answer is yes . The patent law would protect you and prevent others from copying and mimicking your method without due authorization from you . More reason why it is important to get such patented as soon as you can |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Patented: 6:42am On Sep 11, 2021 |
y3mi: Disputes happen everywhere. Infringment happens everywhere. Apple and Samsung were once locked in a patent dispute for ages. Why is that so if law is law.l? See the ability of intellectual property laws to protect IP rights is hinged on the willingness to go to court to protect the rights. The law in itself has listed your protections bit for them to be enforceable you must go to court. So ordinarily yes the law is adequate for protection. Is it adequate in your specific case....I don't know........cos I don't have info. It can only be dealt with and analysed case by case. |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Synord(m): 1:42pm On Sep 11, 2021 |
2) Trade Secrets A trade secret is any confidential business information which provides an enterprise with a competitive edge. A trade secret has been defined as information of any type that is actually or potentially valuable to its owner and not generally known or readily ascertainable by the public and which the owner has made a reasonable effort to keep secret. One of the most popular companies in the world with trade secrets is Coca-Cola. The formula or recipe for their drinks is unknown . The formula, code named "Merchandise 7X" is said to be known to only two anonymous senior executives at every point in time, and these executives who have signed non-disclosure agreements are never to travel together. The paper on which the recipe is written was kept in the vault of a bank in Atlanta, Georgia, before it was moved into a highly secured purpose-built vault5 within the World of Coca-Cola, the company's museum in Atlanta, United States of America. Considering that a trade secret is essentially “secret” information whose value lies in its nondisclosure, a trade secret can be protected for an unlimited period of time; that is, indefinitely as long as it remains undisclosed. For these reasons, the protection of trade secrets may appear to be particularly attractive for businesses that there profitability is hinged on their unique method of production |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by y3mi(m): 3:07pm On Sep 14, 2021 |
Synord:Thanks. Do you offer this patent registering service as a lawyer ? |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by y3mi(m): 3:20pm On Sep 14, 2021 |
Synord:I already know all of that concerning Trade Secret and as it contrast to patents (disclosing your formula to an authorized body in exchange for protection over a period of time), as for Coca-Cola...I've read years back on 'Reader's Digest' how their uniqueness is based on their trade-secret and all of that, except for the two executives who must never meet, however still....I'm still a huge fan of Pepsi-Cola for life! Just to give you an hint, as at 2004, I've been consuming Pespi at the rate of 15 bottles/plastics/cans per day till date (though it began declining since 2018/19), I nevertheless still manage to gulp a minimum of 5-7 plastics of the carbonated soft-drinks nowadays. Given the name of your moniker, are you an official whose field is linked with patent registering ? Thanks for all the info. |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Synord(m): 4:44pm On Sep 14, 2021 |
y3mi: Mr Yemi , 5 -7 plastics of carbonated soft drinks is on the excess side o . It can be replaced with yoghurt or healthy fruit juice instead ![]() Yes . I am a lawyer and I deal in intellectual property registration . |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Synord(m): 4:45pm On Sep 14, 2021 |
y3mi: Yes I do |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Patented: 5:42pm On Sep 14, 2021 |
y3mi: Loll I got pulled in again inadvertently. Yes I do nonetheless |
Re: All You Need To Know About The Law As A Programmer & Startup Founder In Nigeria by Synord(m): 1:53am On Sep 25, 2021 |
Trademarks covers the names of individuals and Brands, Slogans of brands, symbols, Catchphrases And any other distinct language or symbol that can be used to identify an entity . Essentially, a trademark protects words, names and symbols used by an individual or organization to identify the source of its products and services, and to distinguish its products and services from other enterprises. Put differently, a trademark is a ‘mark’, or a "sign" that differentiates the goods or services provided by different enterprises or business organizations. The main essence of trademarks is to legally distinguish your brand from others with regards to the good and services you offer. Artistes can trademark their stage names to prevent other Artistes from using the name . Some recording Artistes have suffered some losses due to this e.g Nigerian artiste Poe had to change his name to ladi Poe, Santi to cruel Santino, nigga raw to mr Raw . As a tech enthusiast , trademarks can cover the software's name, the company's name, and any slogans used in advertising. For instance, Take-Two Interactive Software, the parent company of Rockstar Games, trademarked the name of their video game Red Dead Redemption 2 to protect their intellectual property . Software developers must understand the need to trademark their softwares because of the cross jurisdictions reach of softwares being a digital product . You will have no right over your software name if it isn’t properly trademarked . We will discuss this as we proceed on this thread . |
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