REGISTRATION OF INDUSTRIAL DESIGN

Registration of Industrial Design in Nigeria

The physical appearance of products may be very valuable particularly in manufacturing, fashion, technology, and creative industries where businesses require the distinct appearance of their products to stand out. In Nigeria, the law provides a clear pathway for the protection of the physical features of products through the registration of industrial designs. This article shall provide an overview of industrial designs registration and the procedure for securing same in Nigeria.

What Is an Industrial Design?

An industrial design refers to any combination of lines, colours or a three-dimensional form applied to a product, which gives it a special appearance and can serve as a pattern for manufacturing. Examples include, Packaging designs, Textile patterns, Bottle shapes, Furniture contours, Product casings and covers among others.

In Nigeria, the Patents and Designs Act provides for the protection and registration of imduStrial designs. The Government Agency saddled with the responsibility to register Industrial Design is the Trademarks, Patents and Designs Registry, Commercial Law Department of the Ministry of Trade and Investment. For a Design to qualify for registration, the design must be:
(a) New i.e. not previously disclosed anywhere; and
(b) Not contrary to public order or morality.

HOW TO REGISTER INDUSTRIAL DESIGN IN NIGERIA

  • Preliminary Search

This search is conducted at the Registry to ensure the design has not been previously registered and confirm whether it is eligible for protection. The Applicant may be required to submit a Sample of the Design itself for confirmation. Once, the search is conducted and the result reveals that the Design is available and eligible for registration, the application process can then be commenced accordingly.

  • Filing of  Application and Issuance of Acknowledgment Letter

Upon confirming the availability and eligibility of the Design, the applicant will be required to duly fill the Application form with relevant information and also provide necessary documents.  At this stage, the following information and documents will be required:

  1. Design Representation
  2. Title of the Design
  3. Statement of Novelty
  4. Name and contact details of the Applicant(s) (such as address, phone number, and email address)
  5. Name and contact details of the Creator(s) (such as address, phone number, and email address)
  6. Power of Attorney
  7. Priority Document (Where applicable)

At this stage, upon submission of the duly completed application form and payment of the requisite fees, the Registry will issue a a Design Acknowledgement Letter confirming the receipt of the application.

  • Formal Examination and Assessment 

Upon submission, the Registry will review the application and verify that same meets statutory requirements.

  • Acceptance and Issuance of Certificate

Upon the assessment and approval of the submitted application, the Registry will issue a Design Acceptance Letter alongside a Certificate of Registration to the Applicant. The Certificate of registration is valid for 5 years but renewable for additional 5year twice. i.e. the registration lasts for 15 years subject to renewal after every 5 years.

CONCLUSION

Industrial design registration is a strategic tool for businesses that rely on product appearance to stand out. Securing this protection in Nigeria ensures exclusive control, prevents imitation, and strengthens brand value. It is noteworthy that the registration process in Nigeria can only be done through entities accredited with the Trademarks, Patents and Designs Registry. Consequently, Applicants must engage the services of an accredited agent for the process.

 

By the Entertainment, Media, and Intellectual Property Law Department of Aekley Solicitors, Nigeria.