Reps passed for second reading Bill on ACT to repeal, re-enact patents, and design

By Tom Okpe

The House of Representatives debate on the general principles of Bill for an ACT to repeal and re-enact patents and deaigns ACT CÀP P2 LFN 2004 has passed through second reading.

The Bill debate, led by Oluwakemi Oluga Taiwo, APC, representing Ayedaade/Irewole/Isokan Federal Constituency, Gbogan Osun State on the floor of the Green Chambers on Thursday reveals that it seek to repeal the Patents Design Act of 1971 and re- Enact the Patents and Designs Act 2019, to bring about an Upgrade in the body of laws governing Patents, Designs and Utility

Models in Nigeria. 

The 1971 Act does not recognize Utility Models as a type of Patent or Class of Intellectual Property in Nigeria. 

Taiwo said: “Mr. Speaker, Honorable Colleagues, permit me to lead the debate On the Patent and Designs (Repeal and Re-Enactment) Bill 2019.

“You will recall that this Bill was earlier read for the First Time on the Floor of this hallowed Chambers.

“This is in contravention of the International Legal Instruments on Intellectual Property.

“The current legal framework For the administration of Patents in Nigeria is not only out dated, but also inadequate to meet the needs of the modern society. 

“In The current age of international trade, Nigeria cannot afford to be isolated neither is it insulated from world events. Therefore, the Prospects of doing business in Nigeria should be at per with what Obtains in other countries of the world by strengthening the intellectual property regime in Nigeria, through the instrumentality Of this bill.

“The Intellectual property rights are exclusive rights that are Conferred by law to an individual, enterprise, corporation or any Legal entity for the products of that individual, enterprise or

Corporations or any legal entity for the product of his or its Intellects.”

It was further stressed that Products of intellects can take many forms as we know, and those that would be protected include scientific inventions, Industrial designs, signs of a purely commercial value or trademarks, a trade secret on the one hand; and they may be in the form of literary works, it may be in a form of artistic work or a Musical work.

Intellectual property law,he argued does confer on the individual, the exclusive rights of exploiting, assigning, transmitting and contracting out creations of intellect. Those creations would have To be in some form as expressed in a legally admissible formal àend, in some cases, are subject to registration procedures.

“The Patent Bill is designed to Enhance the quality of life of all Nigerians. It provides a comprehensive industrial/intellectual property system that protects Innovations and creative expressions. 

“It is a helpful pre-condition To creating and using new technology and would boost

Economic growth and aid development. A strong system of Intellectual property rights is indispensable to technological Development and advancement.

“The New Bill seeks to repeal the old law and re-enact a fresh Patent, Designs and Utility Model Law, which updates the Extant 1971 Patent and Designs Act and it incorporates several

recommendations from the publications of the World Intellectual Property Organization. 

“These innovations are substantial and for ease of comprehension, interpretation, and reading, there is the Need to repeal and re-enact the law.”