Everything IP Law

As the world marks World Intellectual Property Day 2026, with its focus on IP and the sports industry, this special episode takes the conversation beyond mainstream sports and into a space that is often overlooked; indigenous sports and cultural heritage. Across the globe, traditional sporting practices have long served as more than just recreation. In Nigeria, games like Ayo and combat traditions like Dambe reflect deep cultural identity and communal knowledge systems. Similarly, in India, sports such as Kabaddi have evolved from local traditions into commercially viable global leagues. In South Africa, indigenous games like Morabaraba continue to hold cultural and social significance while gaining broader recognition. Yet, despite their value, these indigenous sporting expressions exist in a complex legal space. Can they be protected under conventional intellectual property frameworks? Or do they require entirely new systems that better reflect their collective ownership and cultural significance? In this episode, the host is joined by two distinguished guests: Shraddha Pandit from India and Sphesihle Thusini from South Africa. Together, they explore how different jurisdictions are approaching the intersection of IP and indigenous knowledge highlighting both progress and persistent gaps. The episode also tackles key questions such as ownership ond preservation of cultural heritage whilst effectively commercializing and protecting indigenous sports within the IP system. At its core, this conversation challenges us to rethink how we define value in the sports industry not just in economic terms, but in cultural and social significance. As indigenous sports continue to gain visibility in a globalized world, the need to protect them while ensuring that originating communities benefit has never been more urgent. 🎧 Tune in to explore how law, culture, and sport intersect and why it matters for the future of intellectual property.

In Nigeria's creative industry, staying compliant isn't just about respecting intellectual property, it is about staying out of prison. The Law You Can't Ignore Section 48 of the Copyright Act, 2022 contains a provision that catches many businesses off guard: mandatory record-keeping with criminal penalties attached. If you're a publisher, printer, producer, manufacturer, or aggregator dealing with copyrighted works, this law applies to you. What Records Must You Keep? The Act requires detailed documentation of every copyrighted work you handle, including: The author's name The work's title Date of production or use Quantity produced or used Any additional information prescribed by the Copyright Commission These aren't optional business practices, they're legal requirements with teeth. The Consequences are Real Failing to maintain these records isn't treated as a minor administrative oversight. The penalties include: Minimum fine of ₦100,000 Minimum imprisonment of one year Or both The same punishment applies if you make false entries or knowingly present falsified records as evidence. The law treats record manipulation as seriously as complete non-compliance. Copyright Owners Have Rights Too Here's what many businesses don't realize: copyright owners can demand access to your records. Upon written request, you must furnish information about their works from your records. This creates accountability and gives creators visibility into how their intellectual property is being used. Protect Your Business The message is clear: proper record-keeping isn't just good business practice in the creative industry... it's a legal imperative. Whether you're running a printing press, publishing house, or production company, compliance with Section 48 should be non-negotiable. Review your current record-keeping systems. Ensure they capture all required information. Train your team on accuracy and completeness. The cost of implementation is minimal compared to the price of non-compliance. Your books should be in order—literally.

Coming soon..

" A rich and daring conversation on NFTs, Metaverse and New Technology in the Art industry, a must-listen!" From virtual runways to augmented reality, the world is experiencing the many possibilities of merging technology into the creative industry and the possibilities are endless. In today's episode, we will be talking about Blockchain Technology and it's infusion into the Art world. We will be dissecting how this new system helps to bolster the revenue of creatives in this digital age. In recent years, the rise of NFTs have disrupted the traditional art industry and with the help of NFT Marketplaces, DAOs and the likes, artists are now presented with a more viable means to monetize their work. Today, I have some very special guests who will be continuing this conversation with me. Meet our guest speakers; - Ahmed Partey- https://twitter.com/ahmedpartey?s=21 Twitter- @AhmedPartey website - https://linktr.ee/ahmedpartey - Abieyuwa Art- https://twitter.com/abieyuwaart?s=21 Twitter- @Abieyuwa website- https://msha.ke/abieyuwa/ - Lila Polite- LinkedIn- Lila Polite; Email- lilapolite26@gmail.com - Philip Mostert- https://twitter.com/philipmostert?s=21 Twitter- @PhilipMostert Website- https://philip-m0s.medium.com/has-the-world-gone-mad-as-we-race-towards-tokenization-5ea93dc95c02 LinkedIn - Philip Mostert (You can reach out to anyone of the guest speakers via the link above) So let's get started! In today's world, new and emerging technology such as decentralized tokenization has transformed the monetization of various forms of intellectual property (intangible) and tangible assets. That's why the tokenization of creative assets is our main point of discourse today. Essentially, tokenization is the conversion/transformation of tangible or intangible assets into digital units which can be assigned, transferred, that is, it can be bought or sold. Almost any asset you can think of can be tokenized, from gold to real estate to music and Art. Tokenization has become increasingly popular in recent years and is projected to experience an increase of about 4.8 Billion US Dollars in the year 2025. NFT the abbreviated form of Non-Fungible Token Hibbatun-Nasser : So over to you Lila , In very simple terms, can you explain what NFTs are ? If you enjoyed today's podisode and you'd like to join the conversation, make sure you subscribe to our podcase on iTunes , YouTube and Google Podcast . For more updates, please visit our website at everythingiplaw.com and follow us on Instagram and Twitter at @everythingiplaw

Are you an entrepreneur? A creative? or do you plan on starting a business soon? Well, you don't want to miss this Podisode (Podcast + episode) because we're going to be discussing Common Intellectual Property (IP) Misconceptions and Mistakes that are ruining businesses. The inability to properly identify the intellectual property of your business gives rise to many misconception about IP that are ruining startups and small businesses today. This is why in today's podisode, we are going to be discussing some common misconceptions startups should avoid in their approach to IP. Show Note/Transcript (Excerpts from this episode) The first Common misconception I'll be addressing is: The assumption that small businesses don't have any intellectual property This can't be farther from the truth because every business no matter how small always has an intangible asset or intellectual property of its own. For example, let's talk about business branding such as your company's name and logo or product name , these are all valuable intangible assets that need protection because they serve as unique identifiers that distinguish a business from its competitors. Usually a company's name or product name is the first interaction a consumer has with the brand and like I said, it helps differentiate your business from other competitors in the market. You'll agree that there are some very popular companies out there that when you hear their names- it already tells you everything you need to know about who they are and what they do. For example, if you hear the name SAMSUNG anywhere in the world, you know it's one of the best technology manufacturers in the market and they are known for producing high quality android phones and other gadgets. So if you see a Samsung branded phone anywhere, you'll have a certain perception and expectation of that Samsung product or phone. So brand names are very powerful intangible assets that need protection. Apart from company names, customer list can be categorized as trade secrets which are recognized IP rights that can be protected. Also, company slogans can be protected through trademarks. I'm sure we all know of one or two unique and distinctive slogans that we typically associate with certain brands. For example, we usually associate the Nike Sportware brand with it's infamous uniquely designed "tick logo" and its catchy slogan "just do it." The Nike's " Just do it" slogan is used in many (if not all) of their viral advertisement campaigns. And is arguably one of Nike's key brand identifiers. Once you see the tick logo design or the just do it slogan, even without seeing the name, you will already know that the product is associated with the Nike brand. Other examples: MTN: " everywhere you go " Red Bull: "it gives you wings" LG: "life is good" Peak Milk: "It's in you" To sum it all up, your company's name or logo, customer list, and even slogans form part of intellectual properties of your business that needs protection. The belief that IP only deals with trademarks copyrights and patents This limited understanding of intellectual property can be very problematic for your business because you will be unable to adequately identify the IP of your business and how best to protect it. So the issue here is that most people believe that IP only deals with trademarks, copyrights and patents which isn't true. Intellectual property goes beyond the basic understanding of copyrights, patent and trademarks that most people are accustomed to. There are other forms of IP Rights that most people aren't aware of such as; Industrial Design, Related Rights, Geographical Indications, Trade Secrets and many more. Beyond that, IP can manifest in every day business arrangements which may expose the IP of your company to further risks- In situations where a business has to share business ideas with another parties for funding or enter into independent contractor's agreement or employment agreements, the Company's IP can be exposed to risks in such situations even without knowing. A typical example of this is a work for hire agreement to design a logo for your company. Especially, where a proper agreement is absent, the contractor, not the business, owns the contracted work and can in the future, lay claims to the logo even if the contractor was paid for the logo design. The fact that money was paid to the contractor does not guarantee the company ownership of the logo. This can be particularly difficult for start ups and small businesses especially if they have started gaining recognition with their brand's logo because they might have to change their logo or risk infringement. Having inadequate documentation Like I mentioned earlier, in normal business operations, Entrepreneurs or business owners will find themselves in situations where they have to share business ideas with outsiders or outsource business functions which typically exposes the Company's IP to risks. So it's very important for businesses to have proper documentation in order to mitigate those risks, protect their IP rights and ensure that ownership is properly granted to the business. For instance, having a non disclosure agreement helps to enforce business confidentiality controls. Especially, when businesses are entering into independent contract agreements or work for hire agreements it's important to implement appropriate confidentiality controls. A well drafted NDA should properly define what "confidential information," means, its terms, what it includes, what it excludes and its duration. The NDA should also specify its limitations on use or any implied license for IP under the NDA and the return or destruction of such confidential information. Rather than getting a random NDA agreement off the internet, a well business-tailored NDA will be best for startups. The outcome of of ignoring such reasonable controls are almost always detrimental to businesses in the long run. Now to the final point, Failing to invest in an IP Counsel to develop and implement an IP strategy for your business In my opinion, this is the biggest mistake any startup can make. The failure to develop (or execute on) a well-thought-out IP strategy can be very fatal to startups. With the help of an IP counsel in creating an effective IP strategy for your business, a startup becomes an attractive option for investors looking to fund a well-coordinated venture due to the mitigated risks of counterfeiting, the competitive advantage of protected innovation. and the added value from these liquid assets. I'm aware of the fact that most startups try to minimize spending because of their limited funds. However, the cost in procuring an IP counsel is most times insignificant in comparison to the amount spent on needless litigation or negotiations that could have been avoided. The last thing a young business needs is spending time and it's scarce resources on issues that could have been avoided by implementing (and enforcing) reasonable IP strategies from the onset. When investors are interested in investing in a company, they look for a company's IP portfolio. Investors think of IP as a competitive advantage against competitors. If businesses have a lenient attitude towards IP, they are likely to miss out on a golden opportunity for the growth of their business. So engaging a qualified IP counsel to create an IP plan and execute it over time is crucial to the success of your business. THE END. If you enjoyed today's podisode and you'd like to join the conversation, make sure you subscribe to our podcast on ITunes , Youtube and Google Podcast. For more updates, please visit our website at everythingiplaw.com and follow us on Instagram and Twitter at everythingiplaw.

Are you a software developer or technology company providing software solutions ??? Well, you don't want to miss this Podisode (Podcast + Episode) because we're going to be discussing everything you should know about Software Protection. I am very certain that most of us use some sort of software in our daily activities. Whether it's use of the Uber app on our smartphones to serve our transportation needs or making financial transactions through an online banking platform or as simple as using our smart phones to send messages to loved ones far away, it's evident that software programs are essential in today's technology driven world and it is unimaginable to consider live without some of these softwares. Infact, in some jurisdictions, citizens have the legal right to access fast and reliable internet connection. So it's conceivable that in the nearest future, access to certain software or applications will be considered legal rights of every human. It is important that software creators/developers are able to fully benefit from their work and it is particularly important for the society to encourage such protection as it is the driving force of innovation in the global economy. Why is Software Protection Important? Protection provides the owner of the software or the software developer with the exclusive right to all aspects of the software program. It further prevents the unlawful imitation or copy of the software. Most importantly, the owner of the software can exercise economic rights by earning revenue from the commercial use of the software. Show Note/Transcript (Excerpts from this episode) This topic will be approached from two different spectrums; one is the contractual protection and the other is the intellectual property aspect. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A software is basically a body of programs, data and information used to convey instructions to a computer system . ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Contractual Protection: A. Software Licensing agreement(SLA) One of the ways a software can be contractually protected is through Software licensing agreements. A software license is a contract between a software developer and the customers or endusers. It provides the licensee (that is, the enduser) the legal right to use or distribute the software created by the developer (Licensor). Software licensing is an integral part of software innovation because it protects software programs from copyright infringements. It is created to protect the copyright of the software, and limits the ways in which the end users can utilize it. A very good example of this is the Microsoft office suite consisting of popular programs such as; MS-word, MS-Excel and MS-PowerPoint. As we all know, he Microsoft office suite is a productivity software used by over a billion people worldwide making it one of the most utilized softwares globally. The Microsoft Software License Terms defines the legal conditions under which you (the end user) can use the software . Types of Software Licensing Agreements There are different types of Software licenses but the distinguishing factor of the license is the term under which endusers may utilize, redistribute, copy or further develop the software Typically, Software licensing agreements can be grouped into 3 categories; Proprietary, free and open source . Some of these licenses provide that a particular software may be used freely without restriction while others may sell the copyrighted softwares for a fee. Despite the many types of SLA available, it's Important that a good Software Licensing Agreement contains the limitations of liabilities, warranties and disclaimers and protections and the fair use of the software. B. Non disclosure agreements (NDA) Another contractual measure that may be adopted by a software developer is signing a NDA when dealing with third parties or sharing software source codes with an external party. Essentially, the non-disclosure agreement is a preventive measure to ensure that the public, competitors or other third parties do not have access to your software without your permission. Intellectual Property Protection: There are various ways by which Generally, software can be protected under IP by patents, trademarks, Copyright and trade secrets. A. Copyright: In Nigeria, software codes are protected by the Copyright law. According to section 51 of the Copyright Act, C28 LFN, 2004, computer programs which includes the software codes are registrable under the Copyright Act. In most jurisdictions outside Nigeria, software programs can also be registered under copyright. S pecifically, in Nigeria, you can register your source codes or softwares with the NCC by submitting a completed registration form via The Nigerian Copyright e- Registration System (NCeRS) It's important to note that registration is not a mandatory precondition for protection under copyright law so you don't have to register before you can you can claim ownership of the software. B. Patents: Patent generally rewards innovation and in this instance, patent protects the software invention including the methods and processes. By virtue of the Patent and Design Act, P2 LFN, 2004, Software is eligible for patent protection, provided it is new, involves an inventive step that is not obvious to people knowledgeable in the field and is capable of industrial application. C. Trademark: Softwares can't be trademarked because trademarks are distinctive marks used to identify the source of the a particular product form the others in the course of trade. However, the name, logo, or slogan used in selling or promoting software products or services is registrable under Trademarks. Although, it does not Trade mark the software, it protects the brand name and logo under which the software products are sold. And lastly we have.. D. Trade Secrets: Trade secret protection is not a statutorily recognized right in Nigeria but it is recognized and enforceable under common law. Essentially, trade secrets protect technical know-how's, including other confidential information that gives the owner a competitive advantage in the market. Trade secrets provides a software developer with the exclusive right to use source codes and software, and prevent unlawful imitation by third parties. To conclude, if you are a software developer or technology company providing software solutions, then you should consider the Intellectual Property & contractual measures provided in today's podisde to protect your software. THE END ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If you enjoyed today's podisode and you'd like to join the conversation, make sure you subscribe to our podcast on ITunes , Youtube and Google Podcast. For more updates, please visit our website at everythingiplaw.com and follow us on Instagram and Twitter at everythingiplaw. Resources/ Further Reading: https://www.wipo.int/wipo_magazine/en/2017/01/article_0002.html https://www.diplomacy.edu/blog/%E2%80%98un-declares-internet-access-human-right%E2%80%99-%E2%80%93-did-it-really https://www.stop-source-code-theft.com/how-to-copyright-source-code-in-nigeria/ https://www.legalnature.com/guides/the-basics-of-software-license-agreements https://www.techopedia.com/definition/2558/software-licensing

Intellectual property law such as those regulating patents and industrial designs, Copyrights, Trademarks, etc; essentially all seek to promote innovation by preventing anyone from taking undue commercial benefits from someone else's original intellectual work. Copyright registration awards certain exclusive rights to Artists, Authors, Creatives and even body corporates and government agencies over their works. However, a significant advantage of Copyright in comparison to other forms of Intellectual property is that prior registration is not mandatory before an owner's right can be protected by law. From the traditional entertainment patterns of the early 90s to the more mainstream/integrated entertainment industry of today, the Nigerian entertainment industry has incessantly suffered copyright infringements/ piracy issues. Logically, these infringements and issues have made it difficult for Artists/Entertainers and other creatives to benefit fully from their work. Fortunately, in a world where public consumption of entertainment has moved from cassette players to online music/video streaming, the Nigerian entertainment sector has also evolved. The evolution experienced in the past decade can be attributed to the public awareness and monetization of Copyright. For example, in the Music industry, owners of Copyrighted Materials such as song writers, composers and publishers are entitled to "royalties" whenever their creative work is commercially utilized for public consumption. These "Royalties" are basically the amount paid to the copyright-holders when their creative works are monetized in any form. With several online streaming platforms such as Tidal and Spotify, Royalties are a very lucrative way for music entertainers to make money. In sum, as an artist or creative in this fast-paced globally connected and competitive world, protecting ones art/ creation by enjoying exclusive ownership rights over such creative works cannot be overemphasized. Now more than ever, it is time Nigerian artists, songwriters, authors and other creatives of their ilk prioritize the protection of their intellectual property as they would any other physical property. Have you listened to our podisodes? Would you like to join the conversation? Then, make sure you subscribe to our podcast on ITunes , Youtube and Google Podcast. or visit our website at everythingiplaw.com and follow us on Instagram and Twitter at everythingiplaw.

Welcome to the Everything Intellectual Property Law Podcast. I'm your Host, Hibbatun- Nasser Adeola Shobambi, I'm a Lawyer, Content-Creator, an Intellectual Property and Technology Enthusiast and I'd also like to consider myself, a creative at heart. I found a way to combine my interests to create and produce the foremost intellectual property & tech law podcast in Nigeria. This is officially our first Podisode. And I'm very excited to share with you all, the vision behind the EIP Law Podcast and what to expect from subsequent episodes. But Before I get to that, I want to say this just incase you're wondering why Intellectual Property ("IP") should be of any importance to you. Well, with the increasing advancement of creative ideas and technology in various industries, intellectual property assets are also evolving in importance on a continuous basis. In fact, Intellectual property has been dubbed the Crude oil of the 21st century. So what is Intellectual Property??? It is a creation of the mind which can be manifested in various forms. For me, Intellectual Property transcends just the protection of Creative or innovative ideas. Its applicability cuts across a diverse range of sectors and is crucial in today's global Economic Growth. Now more than ever, businesses are starting realize the power of Intangible Assets and more so, the need to Prioritize IP Assets in order to thrive in our current economic climate. It's no surprise that some of the richest companies in the world such as Microsoft, Apple, Amazon and the likes are where they are today because they have fully utilized their IP Assets. Besides the fact that IP assets can significantly increase the value of a business and its income, IP can serve as strong leverage when entering into business arrangements. So you see, there's a need to be able to identify, value and protect our Intangible assets and this is where we come in. The EIP Podcast series will show you how to Leverage and protect your most important asset. We will also address budding issues in the Nigerian Intellectual Property & Technology space. And by stirring up these important conversations regarding IP & Technology laws, We hope to positively influence the development of IP & technology related laws in Nigeria Thank you for listening. You can join the conversation today, by subscribing to our podcast on iTunes, Youtube and Google Podcast. For more updates, please visit our website at everythingiplaw.com . You can also follow us on Instagram and Twitter at everythingiplaw. Till next time, bye! Credit: Intro Music- Scott Holmes (freemusicarchive.org)

Primarily, Intellectual Property ("IP") law promotes exclusive control rights of a person over his personal innovations, ideas or creative works. Intellectual property protects and promotes innovation by granting monopoly rights as incentive for innovation while a fair competitive market is such that encourages healthy competition among various suppliers of goods, services and technologies. It is a crucial step in promoting economic expansion by building investor's confidence in the economy while simultaneously protecting the interests of the consumers. The major anti-competitive issues dominating the interface between Intellectual Property and Competition Law/policy is the potential abuse of monopoly pricing and abuse of exclusionary licensing restrictions, tie-in agreements, excessive exploitation of IP and other commercial practices that prevent, restrict or distort competition in the relevant market. It is important to note that IP rights are not in themselves anti-competitive. They can potentially become so only when utilized above the intended scope of exercise or if proven to substantially lessen competition in the relevant market. Thus, the lack of adequate and unambiguous legislation may cause problems for technology companies dealing with technology transfers and licensing agreements. An example of such is the popular Microsoft case (Microsoft v. Commission T-201/04): The Microsoft case became a landmark case on a modern interaction between intellectual property and competition law in the European Union. The case was instituted as a result of a complaint made by Sun Microsystems alleging that Microsoft refused to supply it with information necessary to inter-operate with Microsoft's dominant PC operating system. It also alleged that Microsoft tied its Windows Media Player to its Windows 2000 version of its operating system thereby exploiting its dominant position and restricting competition. In summary, the European Commission ("EC") held that Microsoft's 'refusal to license' forestalled other tech-firms from developing new products in the markets in accordance with consumer demand. Microsoft's refusal to license was considered a violation of EC competition law. The Commission found Microsoft liable and imposed a penalty of €497.2 million against Microsoft. Consequently, Microsoft began providing its consumers with the option of using any browser of preference with the windows operating system. Upon review of this case, it is safe to say that Intellectual property and Antitrust/Competition regulations are necessary elements of a progressive economy. As such, it is imperative to have regulations that cater to disputes which may arise from the interface between the protection of intellectual property rights and the competing modern economic demands for healthy competition within economies. Have you listened to our podisodes? Would you like to join the conversation? Then, make sure you subscribe to our podcast on ITunes , Youtube and Google Podcast. or visit our website at everythingiplaw.com and follow us on Instagram and Twitter at everythingiplaw.