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 have 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.
This newsletter aims to illuminate how ordinary people encounter IP in their daily
routines, often without a second thought, uncovering its hidden presence around us.
What is IP
Holistically, Intellectual property 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
Copyright exists to protect creative work like books, films, music made by authors, artists and
music composers. Reference works, newspaper articles, and advertisements are also protected
by copyright. Although there are other works protected by Copyright, like TikTok dances and
sounds, for instance. It is imperative to note that Copyright is not granted to Ideas stored only in
our heads or ideas that are yet to be duly expressed. 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. Most times, works are
protected by Copyright the minute it is created without the need for registration. Copyright
typically lasts for the creator's lifetime and 50-70 years 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 I, I, which encompasses
Sections 20-27 of the Copyright Act 2022.
Patents
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
law in 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.
Trademarks
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
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 Coke bottle and the pattern on a designer bag is
protected by Industrial design.
Trade Secrets
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
Geographical indications, as the term implies are 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
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 was also
provided for in 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: 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 1. Franchise
models rely on licensing agreements that bundle 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 pocket (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 rights2.
In group projects, students create IP like 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.
1 https://forensicservicesindia.com/blog/7-types-of-intellectual-property-rights-explained-with-real-life-
examples
2 https://www.libraries.rutgers.edu/research-support/copyright-guidance/copyright-students
Why Intellectual Property Matters?
Intellectual Property 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. Intellectual Property rights, 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 other and even the respect given to the creators and inventors of a particular
work.
IP & Pricing
Intellectual Property Rights directly impact how much we pay for goods and services
through royalties and licensing agreements that permit creators and inventors to
monetize their creations. These rights permit individuals and businesses to determine
how their works are used in society and the payment that is received for the usage of
such works. Price control can be done through the collection of royalties, that is,
payments made to copyright owners whenever their work is used. These royalty
payments vary depending on how the work is used. Also, licensing agreements by the
creator or inventor commercially permit others to make use of the work under agreed
conditions or terms. Hence, intellectual property rights significantly affect pricing. For
example, patents grant pharmaceutical companies the right to set a higher price during
the patent period to maximize profit.
IP & Access
The rights guaranteed in Intellectual Property 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. In addition, exclusive rights are
granted over every means of distribution, reproduction, and modification. Essentially,
creators or inventors have control of their work. Although these exclusivity granted to
creators or inventors often create barriers in some cases, there are other means of
accessing creations without breaking any rules.
IP & Innovation
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. Intellectual property rights provide
incentives for investment in innovation by protecting the economic interests of creators
while balancing public access to new technology.¹
Ethical Use of Content
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, the widespread use of piracy and Artificial Intelligence to
use of copyrighted materials without authorized access are unethical uses that are
detrimental to a creator or inventor's interest. Regardless of how much access these
illegal means may have granted to the public, the losses that creators or writers incur due
to these means are by no means ethical and should therefore not be encouraged and
promoted in society. While there are measures put in place to prevent this, it is important
that society is aware of IP rights and how much damage unethical usages cause to
creators, inventors, and businesses at large.
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 imbibe 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 letter 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.
Conclusions
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. I 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
