Industrial Property Protection and a virile and vibrant Small and Medium Scale Enterprise is a sure means towards the economic emancipation and development of any nation, especially developing Countries. The proper protection of industrial property rights enhances technology transfer which in turn strengthens small and medium scale enterprises thereby leading to economic development. The aim of this paper is to discuss industrial property rights and their protection, technology transfer and Small and Medium Scale Enterprises in Nigeria. On the whole the paper will be looking at the overall effect of industrial Property Protection and technology Transfer on Small and Medium Scale Enterprises in Nigeria.
Intellectual property has been defined as a commercially valuable product of the human intellect. It is also a category of intangible rights protecting the commercially valuable product of the human intellect. The field is broadly divided into copyright and industrial property. Industrial property further has sub-branches covering patents, Design, Trade mark, etc. All these are proprietary rights protected by law. The proper protection of these rights enhances technology transfer and makes way for economic development.
INDUSTRIAL PROPERTY PROTECTION
Industrial property as a branch of Intellectual property especially as regards Nigeria covers three main areas viz; patent, Industrial Design and Trade mark. Our aim here is to take a close look at these rights and how they are protected in Nigeria under the various legislative enactments.
The Patent and Design Act 2004, Cap P2, which governs both patent and Design in Nigeria failed to give a clear cut definition of patent. Elsewhere, Patent is defined as an exclusive right granted for the protection of an invention. The owner of the patent has the right to preclude others from making, using, offering for sale, selling or otherwise commercially exploiting the invention without inventor's permission.
Inventors are given the sole right to commercially exploit their inventions as a means of encouraging inventions which will further boost the technical level of a nation's industry with its attendant positive effect on the economic development of the nation. Furthermore, inventors always invest considerable amount of money and time in developing a new product, hence they need to recoup their expenses as well as benefit from the fruits of their labour.
The protection given and the rights conferred on a patent holder are found in sections 6 which is to the effect that:-
(a) Where the right has been granted in respect of a product, the patentee has the right to prevent any other person from making, using, importing, selling; or stocking the product for the purpose of use or sale.
(b). Where the right has been granted in respect of a process, the patentee has the right to prevent any other person from applying the process.
According to sub-section 2 of the above that, the scope of the protection conferred by a patent shall be determined by the terms of the claims in the application and the description included in the patent shall be used in interpreting the claim. The rights under a patent shall extend only to acts done for industrial or commercial purposes. The right to prevent others from commercially exploiting a patented invention if not a perpetual one, it is limited to a period of twenty years from the filling date as long as annual maintenance fees are being paid by the patent holder.
Unlike the case with copyright where once the requirements of originality, ingenuity and fixation are met, a right of ownership is created, ownership of a patent right can only be claimed on the basis of registration. Thus for an inventor to own a patent and enjoy the rights arising there from, such an inventor must have to file an application and register for a patent on the invention. Thereafter the inventor will continue to pay the annual maintenance fee until the expiration of twenty years.
Sub-section 3 of the Act deals with the requirement as well as the mode of registration for a patent, every patent application shall be directed to the Registrar of Patent and Design. The application shall contain the applicant's full name and address; a description of the relevant invention with any appropriate plans and drawings. It shall also include the applicant's specific claim or claims in respect of the invention .
To qualify for a patent registration, an invention must meet certain laid down conditions. This goes without saying that it is not every form of invention that is patentable, the conditions required for patentability are:-
a. PATENTABLE SUBJECT MATER
For an invention to be patentable it must fall within patentable subject matter. Generally, inventions in all fields of technology are held to fall within patentable subject mater. Patentable subject matter, refers to any invention, process, product etc which is capable of being protected by a patent. Such invention, product, process etc, would however, not be capable of protection under a patent if it falls within certain products listed by the Act. Patents and Designs Act cap LFNE 2004, S. 1 (4) (a) and (b) as unpatentable. These are:-
a. Plant or animal varieties, or essentially biological processes for the production of plants or animals, (other than microbiological processes and their products);
b. Inventions, the publication of which would be contrary to public order or morality.
Inventions, the publication or exploitation of which would be contrary to public order or morality as well as principles and discoveries of a scientific nature are not inventions for the purpose of the Act.
An invention is novel or new if it does not form part of the state of the art. Under S.I of the Act, reference is made to inventions, which are patentable, because they form part of the "state of the art". Under S.1 (3), "the art" was first defined as "the art, or field of knowledge, to which an invention relates". In other words where an invention is made within the Agricultural sector, or relating to it, it may be said that the invention was made in the "art" of the agricultural industry.
The subsection, then defined the "state of the art" as anything concerning that art or field of knowledge, which has been made available to the public anywhere and at any time, or by whatever means, before the new invention is filed. This simply means that (using the above example) an invention, subjects or objects, available in the agricultural sector, before the new inventions come into existence, form part of the “state of the art” in the agricultural sector.
Therefore, according to S.2 (1)(a) an invention is new if it is not already known or existing in the state of the art it was invented to relate to. An inventor is however granted a statutory grace period of six months from the date of publication of a description of his invention within which he can still file a patent application.
c. THE INVENTION MUST INVOLVE AN INVENTIVE STEP:
An invention is said to result from an inventive step if it does not obviously follow from the state of the art either as to the method, the application, the combination of methods of the product which it concerns or as to the industrial result In short an invention is said to involve an inventive step if the invention would not have been obvious to an average person knowledgeable in that field. This is summed up in S.1(2) Patent and Design Act. Some examples of what may not be considered as inventive steps are: mere change of size. Making portable, the reversal of parts, the change of material, aggregation, or the mere substitution by an equivalent part or function. These are not considered to be concluded to be inventive step enough to merit a patent.
D. THE INVENTION MUST BE CAPABLE OF INDUSTRIAL APPLICATION:
An invention is capable of industrial application if it can be manufactured or used in any kind of industry including agriculture. An invention must be capable of being made or used in some kind of industry. This means that the invention must take the practical form of an apparatus or device, a product such as some new material or substance, or an industrial process or method of operation. It should also be capable of mass production.
Industrial deigns has been defined as any combination of lines or colours or both, any three dimensional form, whether or not associated with colours, if it is intended by the creator to be used as a model or pattern to be multiplied by any industrial process and it is not intended solely to obtain a technical result.
Industrial design has also been defined as features of ornamentation or shape applied to an article that is purely aesthetic and adds to an articles appeal to consumers. Industrial design has less to do with the functionality or technical capabilities of a product. It is concerned with aesthetic and all that makes a product appealing to consumers. A person has the right to protect the particular design that makes his product appealing to consumers so as to prevent confusing consumers as well as unfair competition from competitors.
For an industrial design to be granted protection, it must be registered. The registration of an industrial design confers on the registered owner the right to prevent any other person from:
a. Reproducing the design in the manufacturing of a product
b. Importing, selling or utilizing for commercial purpose a product reproducing the design.
c. Holding such product for the purpose of selling It or utilizing it for commercial purposes
Any person undertaking any of the above acts in respect of a registered design without the owner's permission will be infringing on the rights of the owner's permission and so will be liable to damages, injunctions or an order of account at the instance of the registered owner of the design.
The right conferred on the owner of the design is not perpetual. It is to be effective in the first instance for five years from the date of application for registration and on payment of the prescribed fee may be renewed for two consecutive periods of five years.
Under the patent and Design Act, two requirements must be met before a design can be registered. First, it must be new, second, it must not be contrary to public order or morality. An industrial design is not new if before the date of application for registration it has been made available to the public anywhere and at anytime by means of description, use or in any other way, unless it is shown to the satisfaction of the Registrar that the creator of the design could not have known that it had been so made available. In other words if the design is known or has previously been used, it cannot be said to be new.
Apart from the above requirements, certain designs are generally barred from registration. These include designs exclusively dictated by the technical functions of a product and designs incorporating protected official symbol, for example the national flag.
There are two arguments advanced for the protection of designs. First, creators of design should have the right to benefit from their own work and it would be unfair for others, to take advantage of that creativity without the owner's permission. Secondly, the protection of design is said to directly encourage creativity and inventions.
The legislation regulating trade mark in Nigeria is the Trade Mark Act cap T13, LFN 2004. Under its interpretation section, Trade mark is defined in an elaborate language thus:
"trade mark" means except in relation to certification trade mark, a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right either as proprietor or registered user to use the mark whether with or without any indication of the identity of that person.
Kamil defined trade mark as a distinctive name, logo or sign identifying the source of goods or services.
Trade mark has also been defined as a distinctive sign which distinguish the products or services produced or provided by an enterprise from that of another.
Thus trade mark is any distinctive name, sign, colour, picture, shape, labels, numerals or the combination of any two or more of the above used in differentiating between the products of a firm or person from that of another.
Trade mark differs from other types of marks closely related to it. These include trade names, service marks, collective marks and certification marks.
· Trade name is the full name of a business corporation and serves to identify the company and not the product as trade mark does. E.g. NASCO group of companies Nig. Ltd.
· Service marks are distinctive signs which distinguish the services rendered by one enterprise from that of another e.g. Union Bank Logo; a horse.
· Collective marks are generally owned by a cooperative which itself does not use the collective marks but whose members may use it to market their products.
· Certification marks are given for compliance with defined standards. Standard Organization of Nig. (MIS) signifying quality standard. They may be used by anyone who can certify that the product involved met certain established standards,
S.43 of the trade mark Act defined certification mark as a mark adapted in relation to any goods to distinguish in the course of trade goods certified by any person in respect of origin, material, method of manufacture, quality, accuracy and other characteristics from goods not so certified,
A distinctive feature of trade mark is that the sign or symbol used distinguishes a particular person's product from a similar product produced by another person. To have exclusivity of right over the usage of a particular sign or symbol, such must be registered. The effect of non registration is that the person claiming ownership of the particular trade mark cannot institute a proceeding to prevent any person from using the same mark, neither can he recover damages for the infringement of the unregistered trade mark.
Once the trade mark is registered, a proprietary interest is created in favour of the registered owner. He has the exclusive right to use the trade mark in association with his trade and to authorize other persons to use the trade mark in relation to the goods in respect of which the trade mark is registered, the registered owner is entitled to relief by way of damages, injunctions or an order of account if his trade mark is infringed upon. Products with registered trade marks normally carries the short symbol of circled R like this®.
Of all the subject matters of intellectual properly as a whole, trade mark appears to be the only one capable of obtaining a perpetual protection. Under section 23 of the Act dealing with duration and renewal, it provides that the registration of a trade mark shall be for a period of seven years but can be renewed from time to time subject to the payment of renewal fee- This means that the right to excusive usage will continue to subsist so long as the prescribed renewal fee is paid,
A person claiming to be the owner of a trade mark using or intending to use same and it's desirous to have it registered shall apply to the registrar of trade mark. The registrar will then publish the application and within a period of two months any person who is not comfortable with the application sought due to one reason or the other may give notice of opposition to the registrar in writing, stating the grounds for opposition. After considering the merit or otherwise of the application and the notice of opposition, and after hearing both sides the registrar can decide whether to register the trade mark or not. Appeal from the registrar's decision lies to the Federal High Court.
To be registrable, a trade mark must not be scandalous or deceptive. Commonly used and accepted names of chemicals or chemical compounds are not registrable as trade mark. Also, marks that are identical or resemble another's registered trade mark are not registrable. Other non registrable marks include marks worded in generic terms for example "car", descriptive terms, for example 'sweet", official hallmark and emblems of state and international organizations are excluded from registration as trade marks.
The rationale behind the protection granted to trade marks is that it enables consumers to distinguish between the sources of two similar products, it enables companies to distinguish between their product and that of a different company; it encourages companies to invest in maintaining products quality; trade marks are also valuable business assets.
“Technology” may be defined as the study or use of the mechanical arts and applied sciences. It has also been defined by the Webster's Advanced dictionary of English as "theoretical knowledge of industry and industrial arts, the application of science to arts".
A Transfer" on the other hand was defined by the Black's law Dictionary 7th ed. as "any mode of disposing or parting with an asset or an interest in an asset, including payment of money, re-lease, lease or creation of a lien or other encumbrances.
Thus technology transfer can be said to be the parting with or disposing of an interest in any asset resulting from the application of science or arts.
According to Worika technology can be tangible and intangible. The intangible relates more to knowledge and skills. As such it revolves around technological capability. The tangible aspect is the physical equipment, tools, machinery and plant According to him for technology transfer to be effective, it shall involve both aspects.
THE RELATIONSHIP BETWEEN INDUSTRIAL PROPERTY AND TECHNOLOGY TRANSFER
Technology transfer is for the most part the transfer of patented inventions, know-how, tech-notations, trades names, industrial designs, from an enterprise in a developing or developed nation, to another, or between nations developed or developing. This definition of technology transfer is most useful to the issues addressed in this, paper.
Patents, design and trade marks as protected under the various statutes are suited to advance economic development through many means including technology transfer. This arises mainly as a result of the creation of procedures for assignment, licensing and other modes of transfer. The context of technology transfer as used here mostly relates to patents, as the area which covers inventions, though all the other areas of industrial property contributes to technology transfer.
The exclusive rights to commercially exploit an invention belongs to the owner of that invention. Without his permission others cannot put into practice the patented invention. Also not all the knowledge, the know-how which facilitates or is otherwise useful for the working of the invention is set forth in the description of the information that is found in the patent document. Hence, it becomes necessary to buy those rights or buy the permission to use the invention to be put into practice in the most efficient way.
The actual transfer arises out of legal relationship involving the supplier of any of the rights called the transferor and the acquirer of the right known as the transferee, it could either be by a sale or assignment, license, transfer by succession or even held by a joint ownership as provided under S. 23 and 24 of the patent and Design Act and S26 of the trade mark Act. Cap- T.13 LFN 2004
By sale or assignment, all the exclusive rights to the patented invention are transferred to another person or a legal entity. It is to be evidenced by writing in the form of an instrument making the assignee the new owner of the patented invention and is entitled to exercise all the exclusive rights in the patented invention,
If transfer is through a license, it is not a full transfer but just a permission by the owner of the patented invention to another person or legal entity to perform in the country and for a duration one or more of the acts which are covered by the exclusive rights provided under the Act,
The effect of this transfer is that the transferee or the new owner can also make use of the technology and the more this is exploited the more the economy benefits,
A license from a licensor (who gives out his industrial property rights) may be an exclusive one, given the license (who get the industrial property right) the sole use and exploitation of the registered patent, design, or trademark, to the exclusion of any other licensee. But if it is an in exclusive license, many licensees may be granted the same, or similar rights, and are entitled to exploit them.
Before the license is granted, the licensor, has to make known to the licensee, all the information, operation secrets, and method of maintenance and care, to the licensee, such that the licensee can use the invention, to the full extent. The ultimate objective of the license contract, then, is for the licensee to acquire the given technology and the rights to exploits that technology in the making or in the use or the sale of a given product or in the application of a given process, through which a product or other results will be obtained.
Another way of transfer, of technology, may be related to Franchising and Distributorship of goods and services. This is a business arrangement, whereby the reputation, technical information and expertise of one party, are combined with the investment of another party, for the purpose of, or such that with their combined powers, they can sell high quality goods and render services directly to the consumer. For instance, an enterprise, which creates spare parts, may combine their operations, with an investment company. This allows or helps them increase their capital and produce more. This is however, mostly based on the assurance of patented designs and trademarks. Thus, the goods question, may be durable, like automobiles, or home appliances or consumable, such as prepared food or beverages.
SMALL AND MEDIUM SCALE ENTERPRISES-(SMEs) IN NIGERIA
Different governmental agencies and regimes have through the years applied various definitions to the meaning of small and medium scale enterprises (SMEs). This is perhaps due to difference in policy focus. The definitions revolves round the number of employees, initial capital outlay and annual turnover. For our own purpose, we propose this simple definition; small and Medium scale enterprise are various fields of human endeavors or ventures having a relatively small or fairly large human and capital resource base for the production of goods and services. Small and Medium scale enterprises are the driving force of our industrial development, this is mainly because they constitute the future of industry in Nigeria if well groomed, especially by government, providing funds for their activities. Small scale enterprise are often "one man's" business, and possibly run by himself. Medium scale enterprises are usually, run by few individuals, with a small capital base as well. The major characteristics of small and medium scale enterprises, is that they are generally managed by their owners, either as a sole proprietorship or partnership. They are also largely local in their areas of operation, and depend mostly on internal sources of capital. Small and medium scale enterprises dominate the private sector of the Nigerian economy and can be found in almost every industrial area. For example, we have local tie and dye making, or weaving outfits, for African fabrics. We also have more modernize examples like, block making industries, pure water bottling and packaging companies e.g Ero Water, Nalex etc, computer centers GSM spare parts and repair workshops, and so on.Small and medium scale enterprises in Nigeria though thriving, are mostly starved of funds, they usually lack properly educated staff because of their inability to pay well. This lead to the lack of proper management, investment advice and low returns. Through industrial property, these Small and medium scale enterprises, now have a way to change their positions. Those outfit who produce, can register and get a trademark, to increase their market options, or if they come up with new inventions, patent same. Those that design, can protect their deign, until they are capable of production and those that can do neither, can come together as a new SME, with the aim of acquiring industrial property rights, through sale, assignment and other forms of acquisitions then transfer same rights, through licensing in order to gain royalties, as a source of capital.
ROLES OF SMALL AND MEDIUM SCALE ENTERPRISE IN NIGERIA
The roles of SMEs in a developing economy like that of Nigeria cannot be over emphasized. For there is a correlation between the emergence of an active SME sector and the commencement of rapid economic growth and development. The recent transformation of South East Asian economies from a rudimentary state to a highly industrialized one in the second half of the twentieth century is a practical illustration of this. The roles of SMEs in moving the economy forward can be seen in the following perspectives, ranging from capacity building, employment growth, servicing of large scale industries, technology acquisition, even development poverty reduction, improvement of rural infrastructure and the living standard of the people, etc.It is perhaps due to the realization of the key roles played by SMEs in moving the economy of a nation forward that the Nigerian government in 2003 established the Small and Medium scale Enterprise Development Agency of Nigeria (SMEDAN). The agency was established to enhance a vibrant and virile SME sub-sector into the main stream of the Nigerian economy.
So far the agency has done fairly well in the areas of providing micro credit assistance to SMEs in order to encourage the development of the nation's Industrial Property and Technology. The agency has also conducted seminars in order to educate the people on how to be gainfully employed and even to support to a great extent any feasible idea brought by entrepreneurs.
EFFECTS OF INDUSTRIAL PROPERTY PROTECTION AND TECHNOLOGY TRANSFER ON SMALL AND MEDIUM SCALE ENTERPRISES (SMEs).
Industrial property protection, which enhances technology transfer, has a lot of positive effects on SMEs if well exploited. Intellectual property in general has been said to be a power tool for economic development and wealth creation though not yet used to optional effect in the developing world, especially En a country like Nigeria with its abundant natural resources. It is through the level of development attained by such SMEs as a result of intellectual property ownership that the position is mainly obtained. The following are therefore the affect of industrial property protection and technology transfer on SMEs.
(a) It Creates An Atmosphere For Inventive And Innovative Activity: In the first place, this encourages the growth of SMEs since they are at liberty to involve themselves in production and invention, knowing that they will be protected under the industrial property laws, given them the sole right to exploit same over a period of time.
(b) It Creates Business Opportunities And Easy Growth: SMEs which do not have the financial resources to invent a product and protect them under a patent, can acquire already protected industrial property and involve themselves in licensing and other means of technology transfer, making their profit in this way.
(c) Creation Of A Steady Market For Investment: Since industrial property protection makes it easier for inventors to establish themselves more readily, to penetrate market with a minimum risk, SMEs are encouraged to invest in research and development of inventions. This is another way by which SMEs are positively affected by industrial property protection since they can be certain to a great extent of the success of their investment.
(d) Encourages Further Inventions: The information provided through registration of an industrial property for example a patent, for it to be registered, it must be a full description of the invention. This information can be used provided the patent is not infringed, as an inspiration or catalyst for further invention. The information provided through registration can also be used to find potential licensors,
(e) Establishment of Markets for Their Products: The proper protection, of trademark is of tremendous benefit to SMEs. As they improve their products and business and have a well selected and registered trademark, they can establish their market position and good will in the market place.
(f) Economic Development of The Country: As a result of technology transfer and intellectual property protection, the economy of the country will develop at a faster pace. For instance the patent system which promotes technological and business competition, because of the provision for disclosure and description of the invention. As a result, both the inventors and their competitors race to improve their inventions and use the technology to create new ones. All these would improve the economy of Nigeria thereby providing funds for SMEs to go into more businesses.
Therefore, it is true that the effects of industrial property protection and technology transfer on SMEs are mainly positive. Today, it can be said that SMEs benefits from accumulating intellectual property assets and engaging in intellectual property transaction especially licensing, which is increasingly the raison d’ entre for patent protection and is generally profitable.
Because of the near total dependence on oil, industrial property which has more to offer in terms of technology transfer and economic development is being given less attention in Nigeria. The policy makers need not be reminded that whereas oil will someday finish, the proper protection of inventions on the other hand will lead to more Inventions in the future. There is therefore the need to pay more attention to the enhancement and protection of technological advancements in all fields of human endeavour.
A developing Country like Nigeria definitely needs an improved small and medium enterprise (SME) regime. The need for massive technology transfer can neither be overlooked. As such, a combination of a robust small and medium enterprise and technology transfer will be a great boost to the economy, through employment generation, Industrial growth and indeed the development of the society at large. That is why this paper tries to look at the role of Intellectual property in aiding both technology transfer and the growth of small and medium enterprise in bringing economic benefits.
Adamu B. I, "Small and Medium Industries Equity Investment Scheme (SMEEIS): Pro or Anti –Industrialization”. In Bullion, A Publication of the Central Bank of Nigeria, Vol. 29, No4. Oct/Dec 2005. p 33
Fikentscer ''Model Law on Technology-Transfer to Developing Countries; A Survey” in National Chengchi Law Review 1985. Vol. 1.
Friday, 0.0 The Practice of Entrepreneurship, Precision Publishers Ltd. Enugu, Nigeria. (2005)
Gamer, B. A. ed. "Black's Law Dictionary"(1999)
Kamil ldris Intellectual Property. A Power Tool for Economic Growth.
Mohammed S.F; “The Self-Help Groups (SHGs) Linkage Banking Programme: Concepts and Practice In Nigeria". In Bullion; Publication of the Central Bank of Nigeria. Vol. 39
Patents and Design Act 2004, Cap P 2
Secrets of Intellectual Property: A Guide for Small & Medium- sized Exporters ITC/WIPO 2004.
Thompson, D. ed. The Concise Oxford Dictionary. Clarence Press, Oxford. (1995)
Trade Mark Act 2004. Cap T13
WIPO. Intellectual Property Handbook, Policy, Law and Use.
Worika, L.I. "Technology Transfer under petroleum Legislation and Contracts in Africa: Issues, Trends, and Future Direction: in Port-Harcourt Journal. 1 999. Vol. 1.
The faculty of Law, University of Abuja.
 Black's Law Dictionary 7th ed. Garner B. A. (1999) P.83
 In Places like US other branches includes trade secret, utility models, etc.
 WIPO, Secrets of Intellectual Property: A Guide for small and medium-sized exporters. Geneva. ITC/WIPO (2003) p.17
 Patent and Design Act Cap p2. LFN 2004
 S.7 Patent and Design Act 2004 Cap P2
 S. 1 (3) Ibid
 S. 12 Ibid
 Patent and Design Act Cap P2I.FM 2004
 Secret of Intellectual Property. Op. Cit.P.8
 S. 12 of Patent and Design Act Cap P2 LFN 2004
 Terri J., Case Studies on Intellectual Property and Traditional, Cultural Expressions, WIPO (2003). p.71.
 S. 19 Patent and Design Act Cap P2LFN 2004
 S. 25(1) and (2) Ibid
 S 20(1) Ibid
 S. 13 (I)Ibid
 S. 13 (3) Ibid
 Secrets of Intellectual Property: Op. Cit. p.49
 Case Studies on Intellectual Property…Op. Cit. p.73
 S. 67 Trade mark Act: Cap T13 LFN 2004
 Kamil I.: Intellectual Property, A Power tool for Economic Growth, WIPO 2nd Ed. (2003) p.18.
 Secrets of Intellectual Property. Op. Cit. p.33
 Ibid pg.36
 S. 3 Trade Mark Act Cap T!3 LFN 2004
 Ss. 18,19 & 20 Ibid
 Ss. 11,12 & 13 Ibid
 Thompson D., The Concise Oxford Dictionary of current English, ed. (1995), p.421
 Worika, I.L., Technology transfer under Petroleum Legislation and Contracts in Africa: Issues, trends and Future Direction: in Port-Harcourt Journal. 1st ed. Vol. 1 (1999).
 Fikentscher R., Modern Law and Technology transfer to developing countries, A survey in National Chengchi Law Review, Vol. 1, (1985), P.2
 Ss. 10,11, 23 & 24 Patent and Design Act, Cap P2 LFN 2004, S. 26 Trademarks Act, Cap T13, LFN 2004.
 WIPO Intellectual Property Handbook, WIPO publication 2nd Ed., (2004). P.172
 S.6 Patent and design Act Cap P2 LFN 2004, and S.5&6 Trademarks Act cap T13 LFN 2004.
 S.6 Patent and design Act, Cap P2 LFN, and S. 5&6 trade Mark Act cap T13 LFN 2004.
 WIPO Intellectual Property Handbook, Op. Cit., P.179.
 For these various definitions See, Friday O.O. The practice of Entrepreneurship, Precision Publishers Ltd. Enugu, Nigeria. (2005) P.593.
 Adamu B.I. Small and Medium Industries equity investment scheme (SMEEIS): Pro or Anti- Industrialization:. In Bullion, A CBN publication, Vol. 29. No. 4., Oct/Dec. (2005) P.33.
 Kamil I.: Op. Cit. P.4
 WIPO, Intellectual Property Handbook. Op. Cit. P.164
 Kamil I.: Op. Cit.. P.10