ABSTRACT
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.
GENERAL INTRODUCTION
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[1]. 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[2].
Our aim here is to take a close look at these rights and how they are protected in Nigeria
under the various legislative
enactments.
PATENT:
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[3], 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[4]
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[5].
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 [6].
To
qualify for a patent registration, an invention must meet certain laid down
conditions[7]. 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[8].
B. NOVELTY:
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[9]. 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[10].
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 DESIGN
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[11].
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[12]. 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[13]
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[14].
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[15].
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[16]. 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[17].
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[18].
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[19].
TRADE MARK
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[20].
Kamil defined trade
mark as a distinctive name, logo or sign identifying the source of goods or
services[21].
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[22].
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[23].
·
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[24].
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[25].
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[26].
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 TRANSFER
“Technology”
may be defined as the study or use of the mechanical arts and applied sciences[27]. 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[28]
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[29].
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[30]. 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[31].
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[32],
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[33].
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[34].
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)[35]. 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[36],
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[37]. 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,[38] 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,[39]
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[40],
(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.
CONCLUSION
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.
REFERENCES
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[1]
Black's Law Dictionary 7th ed. Garner B. A. (1999) P.83
[2] In Places like
US other branches includes trade secret, utility models, etc.
[3] WIPO, Secrets of Intellectual Property: A Guide
for small and medium-sized exporters. Geneva. ITC/WIPO (2003) p.17
[4] Patent and
Design Act Cap p2. LFN 2004
[5] S.7
Patent and Design Act 2004 Cap P2
[6] S. 1 (3) Ibid
[7] S. 12 Ibid
[8] Patent and
Design Act Cap P2I.FM 2004
[9] Ibid
[10] Secret of
Intellectual Property. Op. Cit.P.8
[11] S. 12 of Patent
and Design Act Cap P2 LFN 2004
[12] Terri J., Case Studies on Intellectual Property and
Traditional, Cultural Expressions, WIPO
(2003). p.71.
[13] S. 19 Patent and
Design Act Cap P2LFN 2004
[14] S. 25(1) and (2)
Ibid
[15] S 20(1) Ibid
[16] S. 13 (I)Ibid
[17] S. 13 (3) Ibid
[18] Secrets of
Intellectual Property: Op. Cit. p.49
[19] Case Studies on
Intellectual Property…Op. Cit. p.73
[20] S. 67 Trade mark
Act: Cap T13 LFN 2004
[21] Kamil I.:
Intellectual Property, A Power tool for Economic Growth, WIPO 2nd
Ed. (2003) p.18.
[22] Secrets of
Intellectual Property. Op. Cit. p.33
[23] Ibid pg.36
[24] S. 3 Trade Mark
Act Cap T!3 LFN 2004
[25] Ss. 18,19 &
20 Ibid
[26] Ss. 11,12 & 13
Ibid
[27] Thompson D., The
Concise Oxford Dictionary of current English, ed. (1995), p.421
[28] 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).
[29] Fikentscher R., Modern Law and Technology transfer to
developing countries, A survey in
National Chengchi Law Review, Vol. 1, (1985), P.2
[30] Ss. 10,11, 23
& 24 Patent and Design Act, Cap P2 LFN 2004, S. 26 Trademarks Act, Cap T13,
LFN 2004.
[31] WIPO
Intellectual Property Handbook, WIPO publication 2nd Ed., (2004).
P.172
[32] S.6 Patent and
design Act Cap P2 LFN 2004, and S.5&6 Trademarks Act cap T13 LFN 2004.
[33] S.6 Patent and
design Act, Cap P2 LFN, and S. 5&6 trade Mark Act cap T13 LFN 2004.
[34] WIPO
Intellectual Property Handbook, Op. Cit., P.179.
[35] Ibid
[36] For these
various definitions See, Friday O.O. The
practice of Entrepreneurship, Precision Publishers Ltd. Enugu, Nigeria.
(2005) P.593.
[37] 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.
[38] Kamil I.: Op.
Cit. P.4
[39] WIPO,
Intellectual Property Handbook. Op. Cit. P.164
[40] Kamil I.: Op.
Cit.. P.10