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Patented:


Artistic works are subject to Copyright and not Patents.

I would love if you don’t derail my thread sir please . With all due respect . Thank You .

PATENTS

A lot of programmers may ask , how can My Work qualify for Patents . In Nigeria , The Patent and Design Act Cap P2 Laws of the Federation of Nigeria provides some requirements that must be fulfilled in order for a work to qualify for Patent . We have listed those requirements on this thread .

For emphasis sake , we will briefly outline some of these requirements again

1) New - The Work of a Creative that must be registered for Patent must be distinctively new . The work must have never been recognized , made or used publicly before . It must be something that no one doing what you are doing ( in the same creative field with you ) has thought of before or created at any point in time . Newness is a stringent requirement for patent .

2) Capable of Industrial Application - the creation must be capable of being made or replicated in some kind of industry I.e such creation can be mass produced . Essentially , the creation must be capable of taking a practical form of a product , device or design . It must be something that can be replicated using industrial process and available for use by multiple persons .

Is your invention capable of be reproduced for an industry. Can it be multiplied and recreated for industrial use ?

3) Public Policy - it must not be contrary to public policy and morality . An invention that kills people in their sleep might not get patented . Your invention or work must be within the ambits of the law .

4) Fully Detailed - All information about the invention must be disclosed before filing an application for Patent . Nothing must be hidden and all possible additions that must have been reasonably identified must be done before an application for Patent is filed .

What can not be Patented as A Creative ?

As earlier stated , a Patent gives the inventor the exclusive right to the commercial exploitation of an invention . It gives the inventor the exclusive right to exclude others from producing , using or selling the patented invention without the permission of relevant laws or the consent of the inventor for the duration of 20 years that the patent subsists .

It should however be noted that not all creations can be patented .

Some of the innovation or creations that can not be patented are

1) literary works
2) artistic works
3) an idea or theory
4) plant or animal varieties Cabot be patented in Nigeria ( e.g a new breed of maize cannot be patented in Nigeria regardless of the fact that you discovered such breed ).

Scientific theories like phythagoras etc can not enjoy Patents .

Time machine cannot enjoy Patent.

Magic potions cannot enjoy Patent

Surgical procedures that are allegedly new can not enjoy Patent etc

Still available

Still on for those interested .

This is for you . Link still available on the thread

Babtunz:
Following. Please keep up the good work @Synord.
This is a millions worth information. Thank you OP

Thank you sir .

What is Copyright ?


" Copy" and " Right" meaning" the right to copy my work " . Copyright is one of the relevant aspects of Intellectual Propertylaw that gives the owner of a work the exclusive right toauthorise or prohibit certain uses of the works by others.

Copyright gives  the creator of a work  the power to determine who reproduces, uses , assigns  or distributes their works.   Copyright covers many works of creatives which includes Literary works like (articles , books) ,  music , computer programs ,  paintings , videos etc.  Your songs , written lyrics , the computer program you developed , your sound recording on your phone can all enjoy the Benefits provided under Copyright, an aspect  of Intellectual Property Law.

In simpler Terms, I created something. Before you use what I created , you must seek my permission and I must have authorized the usage for you . I have the right to determine who copies or uses my work . This is the priveledge Copyright gives to creatives .
 
Eligibility For Copyright . 

There are two major criterias for your work to be eligible for Copyright .

Originality and Accessibility .
1) Originality - it must be shown that sufficient effort has been expended by the creator in making the work to give it an originalcharacter. The work must have evolved as a result of your idea and thoughts and you must have shown sufficient skill and knowledge  you used in bringing the work to life . Originality does not mean you can not derive inspiration from another source but you cannot dub a work from another creator and claim it was your work . You must add your own distinctive spice
.
2) Accessibility - The creative work must be fixed in any definite medium of expression now known or later to be developed, from which it can be perceived, reproduced or otherwise communicated either directly or with the aid of any machine or device. Simply put, an idea cannot be copyrighted . The work must be accessible and in tangible form digitally or physically .Your creative work must be in a fixed form that can be accessed for usage. A work that can not be seen or heard cannot be copyrighted.

A lot of business owners complain do complain about having a great/good product but that they are not making proper sales . They forget a fundamental element of massive product sales which is : Great Marketing .

A business has two major functions : Marketing and Innovation . The difference between the person making 20000 sales and the person making 200 sales despite similar quality of product or service is very simple . It is simply the marketing and packaging .

This is why serious businesses and enterprises don’t joke with any Avenue where they can reach targeted customers and increase their revenue . One of such guaranteed platforms and marketing methods that is sure going to get you increased sales and profit is having a verified Google My Business Page .

illicit:
They call me Honourable whenever I hype

Cc lalasticlala, mukina2

Cc lalasticlala

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.

If you believe you have created a unique code or software that has never been in existence , then you can apply for such invention can be patented .

Patents gives you the right to be able to utilize this invention without any hassle or obstacle and allows you to be make a lot of profit from the invention by licensing to companies and individuals that are in need of same .


In Nigeria , patents application and registration are governed by Patents and Design Act Cap P2 Laws of the Federation of Nigeria 2004

The requirements that qualifies your work for patent are

(1) Subject to this section, an invention is patentable--

(a) if it is new, results from inventive activity and is capable of industrial applica- tion; or

(b) if it constitutes an improvement upon a patented invention and also is new, results from inventive activity and is capable of industrial application.

(2) For the purposes of subsection (1) of this section—

(a) an invention is new if it does not form part of the state of the art;

(b) an invention results from inventive activity if it does not obviously follow from the state of the art, either as to the method, the application, the combina- tion of methods, or the product which it concerns, or as to the industrial result it produces; and

(c) an invention is capable of industrial application if it can be manufactured or used in any kind of industry, including agriculture.


We will now examine each of the requirements stated above

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Hypemen are taking over the Nigerian music industry this year

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The year 2021 has proven to be an exciting time for hype men in the Nigerian Music industry. It can perhaps be stated that the year 2021 is the biggest year for hype men in the mainstream Nigerian Music industry since the emergence of Slimcase who switched from the hype profession into the mainstream Nigerian music scene.

BACKGROUND

Hypemen are majorly for increasing audience excitement through call and response techniques, hyping the artistes or performers during appearance or driving sales to an event by hyping and hailing certain influential persons present at the event. Hypemen especially as it relates to the Nigerian music industry are performers who assist singers, dancers or other performers on stage or at an event by hyping the audience with chants, adlibs or lyrics to get the crowd grooving. Just as the name implies, Hypemen hype the audience to make them hyper.

They are mostly found in clubs, lounges, major events like concerts, shows and dinners etc. The Nigerian industry has witnessed the existence of high profile Hypemen such as Shody, Dotun of Cool FM, Jaybreeze, Special Spesh of DMW, A.O, Ehiz and Slimcase among others. Slimcase was however the first Hypeman to properly release a single and transition fully into the mainstream Nigerian music scene as an artiste. He had hit songs like Oshozondi, Shepeteri, Issa Banger, Bushman and other songs.

The year 2021 proves to be an exceedingly exciting year for Hypemen in the Nigerian Music industry. The first major break for Hypeman this year started with viral success of the single “Shedi balala“ by Hypeman Bobby Banks. The single with conspicuously vulgar lyrics slut-shaming the female gender surprisingly gained notoriety after several videos were posted by celebrities and ladies vibing to the song. The song birthed several twerk and dance videos on social media platforms especially Twitter, Tiktok and Instagram. The song has generated over 300 thousand downloads on streaming platform, Audiomack and has spawned many covers and dj mixes.

Another Hypeman with the stage name Tobyshang took over social media platforms and Tiktok with the slang and hype “who da fxxx are you“? The short hype which emanated from the DJKaywise Jor Oh Show goes thus “who da fxxx are you, you don’t know Kaywise. Who da fuxx are you, you don’t know Toby Shang“(repeats). The short track was number one on Tiktok trending at a point. Hypeman tobyshang is also renowned for “Shey e dey shake“ and "Palliative“ hype video and became Naira Marley official Hypeman same period.

Pocolee is another renowned Hypeman that also trended with his hype slang for Wizkid in a lagos club. In the viral video, Poco Lee can be seen hailing Wizkid and singing “Comot Body Jor“. The “comot body jor” hype went viral afterwards and also trended on social media platforms, becoming a major track for utilization by dancers and tiktokers in 2021.

Perhaps the most popular new comer and Hypeman this year is the Delta based Hypeman, Emmy Black that has formulated the trending slangs, “5 bottles of Hennessy vSop”, “Normally e be wife material“, “small yansh dey shake“, and many more. Emmy Black’s hype tracks have amassed over a million downloads on audiomack and have made their ways to various celebrities and dancers profile on Tiktok, Instagram and Facebook .

As a result of this new found love for hype tracks and Hypemen, there has been a surge in demand for their presence at clubs and events. Hypemen are also making good money off the streaming of their songs on various platforms. A lot of music listeners and critics have even stated that Hypemen have achieved more success in mainstream music than even recording artistes this year.

It can be stated that it is indeed a welcome development for Hypemen in the industry and we look forward to the healthy competition and how Hypemen maximize the new found formula to fame and success in the Nigerian music industry.

Cc lalasticlala

Written by Olaoluwa idowu . An entertainment lawyer and writer that tweets via @iamsynord .

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 .

sundamonex:
I am interested


damilolas083@gmail.com

08162369026

Message me on WhatsApp at 09049483747

y3mi:

Thanks.
Do you offer this patent registering service as a lawyer ?

Yes I do

y3mi:


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.

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 .

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

You are meant to earn royalties anytime your so song is played at a public venue and for commercial purposes

y3mi:
Correct

True


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'.

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.

This would preferably go under trade secrets if your analogy is in line with “ a formula “

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.

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

Cc lalasticlala

Are you a Programmer , UI/UX designer , start up founder or generally into tech ? You need to understand the importance of knowing your intellectual property rights and exploiting it financially and also the need to be conversant with the regulatory laws and contracts in your field to avoid losing deals , investments and potential clients.

Follow this thread and stay on for updates : https://www.nairaland.com/6709384/all-need-know-law-programmer.



You can also mail me - olaoluwaidowu700@gmail.com for inquiries and clarifications .

For business owners , this thread is a must read

https://www.nairaland.com/6709341/must-read-dangers-operating-unregistered

For music artistes , producers and creatives

https://www.nairaland.com/6493715/ip-law-all-need-know

9) Mizzle

10) Hypemanbobbybanks

Cc lalasticlala

5) Ayrastar

6) Ruger

7) Daiverse

8 ) Layon

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