BRANCHES OF INTELLECTUAL PROPERTY II

Last week, we began a discussion on the branches of Intellectual Property, focusing on Copyright, Patents, Trademarks, and Industrial Designs.

Today, we will explore three other important branches: Trade Secrets, Geographical Indications, and Plant Variety Protection.

Trade Secrets protect confidential business information that has commercial value. Unlike patents, they are not registered and last as long as secrecy is maintained. For example, what makes coca cola tastes the way it is, is protected under the trade secrets as it is not expected to be divulged. It is protected under the common law principles of breach of confidence in Nigeria.

Geographical Indications (GI) protect products whose reputation or quality is linked to a specific location. Examples include Champagne from France and Darjeeling Tea from India. Geographical Indications prevent misuse of regional names and preserve authenticity. If a particular cocoa variety from Ondo gains global reputation, only producers from that region should use that name.

Plant Variety Protection safeguards new plant varieties developed through breeding innovation. It encourages agricultural research and food security. A scientist who develops a drought-resistant maize variety can control its commercial reproduction. Farmers may cultivate it under license, but unauthorized commercial multiplication would infringe the breeder’s rights. This is protected under the Plane Variety Protection (PVP) Act, 2021.

Ultimately, we can see that intellectual property goes beyond what is just protected under different legal frameworks but what is applicable to all Innovators, creatives, farmers, companies, and communities at large.

Next week, we will begin a comparative exploration of Traditional Knowledge and the various branches of Intellectual Property, examining how it relates to each of them and why it does not fit neatly within the existing IP protection frameworks.

If you enjoy reading this, kindly leave a reaction and make a comment.

We have different IP branches which include Copyright, Patents, Trademarks, Industrial Designs, Trade Secret, Geographical Indications, and Plant Variety Protection.

We shall explore one after the other.

COPYRIGHT:
Copyright protects original creative expression once it is fixed in tangible form. It covers literal works, sound recordings, artistic works, broadcasts, among others. For example, Things Fall Apart(a literal work) by Chinua Achebe and songs by any artist are protected from infringement - which is another person prevented from reproducing the same work and creative expression.

Similar themes can be conveyed by different authors, but they cannot copy the unique expression of another author or artist. In Nigeria, copyright is protected under The Copyright Act, 2022.

PATENT:
Patent protects new inventions — how something works or solves a technical problem. It grants exclusive rights for a limited period, encouraging investment in innovation. Patent is the strongest intellectual property rights, that grants a monopoly to the patent holder for their inventions.

For instance, If Tunde invents a solar-powered water purifier, a patent prevents others from copying it without permission and allows him to license or scale it commercially. In Nigeria, patents are protected under the Patent and Designs Act, 1971.

TRADEMARKS:
Trademarks protect brand identity — names, logos, slogans, and symbols that distinguish goods or services. It prevents consumer confusion and protects reputation. Global brands like Nike and Coca-Cola rely heavily on trademark protection.

Once a business builds goodwill around a name or logo, trademark law ensures competitors cannot imitate it deceptively. Trademark is protected under the Trademarks Act, 1965 in Nigeria.

INDUSTRIAL DESIGNS:
Industrial Designs protect the aesthetic appearance of a product, not its function. This includes shape, pattern, and overall visual appeal. The sleek look of devices produced by Apple Inc. is a classic example.

For instance, If a designer creates a uniquely shaped perfume bottle, industrial designs law prevents others from copying that distinctive look. In Nigeria, Industrial Designs are protected under the Patent and Designs Act, 1971.

I hope you understand. If you have any question, kindly hit me up with it in the comment box.

Next week we shall discuss other branches.

For the past three to four weeks, we have examined the concept of traditional knowledge - what it entails and the need for its legal protection.

Today, we begin a discussion on the concept of Intellectual Property (IP), its branches, and why traditional knowledge does not neatly fit into any existing IP system.

What, then, is Intellectual Property?

According to the World Intellectual Property Organization (WIPO), Intellectual Property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce.

In simple terms, Intellectual Property concerns creations that originate from the human intellect. Whatever you create through the exercise of your mind, provided it meets certain legal requirements, may qualify as your intellectual property.

There are two key principles that determine whether a work can enjoy protection under IP law: originality and fixation.

For a work to be eligible for protection, it must be original and fixed in a tangible form.

Originality means that the work originates from the author and is not copied from another source. It does not require absolute novelty or that the work be entirely different from anything that has ever existed. Rather, it requires that sufficient skill, effort, labour, or creativity has been expended in producing the work.

Fixation, on the other hand, means that the work must be expressed in a tangible medium. Intellectual Property law does not protect mere ideas; it protects the expression of ideas. A work may be fixed through recording, writing, typing, filming, or storing it in any material form from which it can be perceived, reproduced, or communicated.

To better illustrate the principles of originality and fixation, imagine a man who composes and sings a beautiful song orally in his village. He neither writes down the lyrics nor records the melody. The performance exists only in that fleeting moment and in the memories of those who heard it.

In this case, the song may be original, but it is not fixed in any material medium. Because it was never recorded, written, or otherwise preserved, it becomes difficult—if not impossible—to prove its existence, authorship, or precise content. In practical terms, the song “dies” where it was sung.

However, if the same song had been recorded, written down, or stored digitally, it would satisfy the requirement of fixation. At that point, the law can recognize and protect it because it can be identified, reproduced, and communicated to others.

Thus, for a work to qualify for protection under Intellectual Property law, it must satisfy both originality and fixation. Both principles must be present.

Next week, we shall explore the various branches of Intellectual Property and examine how traditional knowledge interacts with them.

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This pushes us to ask, if traditional knowledge is communal and largely oral, why then insist on formal protection?

The answer is simple: Economic justice.

The global market for plant-based medicine and biodiversity products derived from Traditional knowledge is worth billions. Without protection, communities are financially sidelined while others commercialize their heritage. That is not innovation, it is extraction.

There is also the bio-piracy threat. Without a defensive legal shield, third parties can obtain patents over knowledge that indigenous peoples have used for centuries and commercialise it without giving any benefits to the community.

A database system, like India’s Traditional Knowledge Digital Library, has helped cancel wrongful patents. But defensive protection alone is not enough. We need something solid and encompassing.

Furthermore, some international law already points the way. Under the Convention on Biological Diversity (CBD) and the Nagoya Protocol, where commercial use is derived from Traditional knowledge, prior community consent may be required and benefits must be fairly shared. This framework recognizes that access without compensation amounts to exploitation.

The Nigerian context is clear: our wealth is not only oil and minerals, but the intangible assets of our people. Protecting Traditional knowledge is not about hoarding culture, it is about commercialization with consent, equitable remuneration, and sustainable development for the society.

The real solution lies in a tailored sui generis system that recognizes communal ownership, ensures benefit-sharing, and empowers communities to control the use of their knowledge.

Protecting Traditional knowledge is more than legal reform. It is a stand against intellectual colonialism and a pathway to inclusive economic growth.

So I ask: Is a database enough to protect traditional knowledge, or do we need a rights-based system that truly empowers its custodians?

Stay tuned till we meet next week.👋

Traditional Knowledge is not inherited by an individual person; it is believed to be held as a trust property by those who possess the knowledge on behalf of the community.

Traditional knowledge belongs to the collective memory and identity of a people. Like communal land, it is nurtured over generations and safeguarded for all, not owned, sold, or claimed by any single individual. What is passed down as cultural heritage remains the shared property of the community that created, preserved, and lives by it.

In the same vein, traditional knowledge is not transmitted primarily through written means, although there is a growing move toward its documentation through accessible databases. Rather, it is passed down orally. In other words, such knowledge is conveyed from generation to generation through oral communication, without formal documentation.

Moreover, the communal ownership and oral transmission of traditional knowledge place it at a disadvantage in seeking formal recognition within the intellectual property framework.

Intellectual property law is largely built around identifiable authorship, protecting individual creative expression, save for limited exceptions such as joint authorship. In addition, a core requirement of intellectual property protection is fixation: the work must be embodied in a tangible form, whether through writing, audio or video recording, or digital storage.

Ultimately, It must, however, be noted that over the years, innovative approaches have emerged to align traditional knowledge with the intellectual property framework, including its documentation and digital storage which has been incorporated in countries like India, Peru, China, etc.

NB: Traditional belongs to the community and not a single individual, and it is passed down orally.

Next week, we will explore the need for the legal protection of traditional knowledge. Stay tuned!

This is why Scripture warns that a bad company corrupts good manners. God encourages fellowship, but only on the foundation of truth and godliness, because influence is never neutral, it rubs off.

Two key principles guide wise separation: fleeing and casting away.

The principle of fleeing applies when you are the only righteous person in a group that consistently exerts negative influence. In such situations, wisdom demands withdrawal. Preservation of values, faith, and purpose outweighs the need for explanation. You flee to protect alignment with God and safeguard your destiny.

The principle of casting away applies when a group is largely sound but one individual persistently introduces corruption. After genuine attempts at correction, that influence must be removed for the health of the whole. This is not hatred, but spiritual responsibility.

In one-on-one relationships, both principles may apply. When a relationship becomes toxic and repeatedly drags you backward, separation is necessary, whether by fleeing quietly or intentionally letting go. The method may differ, but the goal remains the same.

Scripture reflects this wisdom: believers are told to flee fornication, yet the church is instructed to put away an unrepentant offender in 1 Cor 5. Different contexts require different responses.

Ultimately, separation is about protecting destiny. Guard your relationships diligently, your future depends on it

The World Intellectual Property Organization (WIPO) defines Traditional Knowledge (TK) as the knowledge, skills, practices, and know-how that are developed, sustained, and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity.

It is collective in nature, not created overnight, and not owned by a single individual. Rather, it evolves through long interaction with the environment, culture, and lived experiences of a people.

In many African societies, traditional knowledge forms the backbone of daily life. It includes medicinal practices such as the use of bitter leaf, neem (dongoyaro), moringa, ginger, and garlic for treating ailments like malaria, infections, and digestive disorders. These remedies were refined through centuries of observation, trial, and communal learning, long before modern pharmaceuticals.

Similarly, agricultural knowledge, such as the cultivation of yam, millet, cassava, and indigenous rice varieties like Ofada reflects deep understanding of soil, climate, and seed selection.

Traditional knowledge also manifests in cultural expressions and craftsmanship. Adire, Akwete, and Kente fabrics, traditional songs, folktales, dances, and drum rhythms are not merely artistic works; they embody history, identity, values, and social order.

Some forms of TK are preserved as sacred or secret knowledge, including herbal formulations, traditional bone-setting, black soap production, and palm-wine tapping, protected through community trust rather than written law.

A defining feature of traditional knowledge is its communal ownership. Unlike conventional intellectual property systems that prioritize individual authorship, novelty, and limited duration, TK belongs collectively to communities. This difference often leaves TK vulnerable to misappropriation, especially when it is extracted, refined, and patented without consent or benefit-sharing, a practice known as biopiracy.

Traditional knowledge is also holistic. Unlike Western scientific frameworks that separate the rational from the spiritual or theory from practice, indigenous knowledge systems integrate culture, belief, environment, and functionality into a single way of life.

Futhermore, Traditonal Knowledge is Culture-Specific (In that it is tied to a particular people and their culture), Context-Specific (in that it is shaped by the environment, geography, climate conditions of a community and works because of where the people live), Dynamic (in that It evolves over time, Improves with experience, and Incorporates new ideas while keeping its traditional base), and it is adaptive (in that It adjusts to change).

Summarily, Traditional Knowledge is:
📌Collective and community-owned
📌Culture-specific
📌Context-specific to environment and geography
📌Dynamic and evolving
📌Adaptive to social, economic, and environmental change
📌Also safeguards against biopiracy

Understanding and protecting traditional knowledge is not only an intellectual property concern, but also a matter of cultural preservation, equity, and sustainable development.

If you know any other examples of traditional knowledge in your community, kindly mention them in the comment box. Also, if you have any questions, feel free to ask.

Dear Disciples,

I write to you today so that you may understand this truth: walking in love does not mean living solely to please others, fearing to offend them. True love is not passive or timid; it is bold, purposeful, and rooted in God’s truth.

Brothers, I need not remind you that your creation was not for the validation of men but for the praise of God’s glory. Your acts of love must stem from a desire to please Him, not to gain human approval. Jesus Himself said in John 7:18,

"He that speaketh of himself seeketh his own glory: but he that seeketh his glory that sent him, the same is true, and no unrighteousness is in him."

This verse serves to remind us that our expressions of love should reflect God’s glory, not our own. Love is not compromise. It is not silence in the face of wrongdoing. Love, when truly understood, is firm yet compassionate.

It does not tolerate evil in the name of peace. If you love someone, you correct them—not with anger or pride, but with wisdom and a sincere heart, hoping for their transformation.

Consider this: Would you refuse to discipline your child just because you love them? Certainly not! However, discipline must come from love, not frustration.

A wise man of God once shared that before disciplining his children, he first shows them from Scripture why they are being corrected. This way, they understand that the punishment is not from anger but from love, teaching them righteousness. How different is this from a parent who throws a shoe at their child in frustration? Love instructs; it does not simply react.

Likewise, walking in love does not mean engaging in wrongdoing to accommodate others. Assisting a friend in examination malpractice is not love; it is leading them further into error. No matter how much the world applauds an act that contradicts God's law, it cannot be considered an act of love.

Similarly, within marriage, love does not mean overlooking a spouse’s faults. If your spouse is erring, silence is not love. However, correction must come with wisdom—done privately, not in humiliation. A loving spouse fosters growth, not resentment.

Furthermore, these are the practical ways to walk in love:

Have you ever surprised your roommate with a chilled bottle of Coke after a heated argument, as a gesture of peace? Such small acts can dissolve tension and nurture unity.

Spouses, do you take time weekly to discuss grievances openly, rather than assuming perfection? Communication saves relationships.

Children, do you pray for your parents' businesses to flourish? Do you take your academics seriously, not just for yourself, but to bring joy to those investing in you? Excellence in school is also a walk in love.

By doing this, you are bringing smile to God's face because you are acting like a responsible son of his who has the understanding of how best you can put into effect the nature of love you have received upon salvation.

Finally, brethren, the essence of all my epistles is this: love accommodates, love tolerates, love uplifts—but love is also bold, true, and rooted in righteousness. Walking in love does not mean turning a blind eye to evil, for love speaks truth, and truth sets free.

May God’s grace and strength abound in you as you walk in His love.

Yours in love,
Osuntoki William

THE JOURNEY OF LOVE: GOD’S LOVE AND BELIEVERS' LOVE WALK 5

Dear Disciples,

Grace and Peace be Multiplied to you in accordance to the knowledge of Christ.

Writing to you about love every time may seem grievous to me, but for you, it is safe. I have seen and experienced how powerful this concept of love is to our Christian faith. The writer of Scripture says, "He who does not love is a murderer, and the seed of God does not abide in him." This shows how weighty the matter is.

I write to remind you that the nature you received at new birth is the nature of love. And If you do not learn to exercise and put this nature to use, you will live like an unbeliever whose nature is that of the devil. This is why I constantly remind you of this truth.

In light of this, I feel led in my spirit to write to you about forgiveness.

Forgiveness is giving up your right to retaliate and get angry to walk in love by allowing the offence thrown at you to pass. Forgiveness is an act of love that can only be portrayed by someone whose spirit man has become regenerated in that such is now a new creature.

An American theologian Reinhold Niebuhr once said, "Forgiveness is the final form of love." This means forgiveness is not something you do merely to fulfill all righteousness rather, what you do to exercise that nature you now have as a new creature, which is the nature of love.

Consider someone with a temperament, that inclines them toward anger and bitterness. These traits will naturally manifest in their life. Likewise, someone who carries the nature of love will express it through forgiveness without compulsion.

Ephesians 4:32 reminds us: "And be ye kind one to another, tenderhearted, forgiving one another, even as God for Christ’s sake hath forgiven you."

Here, Apostle Paul emphasizes that forgiveness is not a seasonal act—it is a lifestyle. It is something you must practice every time, every day, and in every season of your life as he made use of the word "Forgiving" which is a progressive tense.

In the same light, Martin Luther King Jr. corroborated this scripture by saying "Forgiveness is not an occasional act; it is a constant attitude."

You do not forgive today and refuse to do so tomorrow. Forgiveness is part of the new nature you received when you confessed Christ as your Lord and personal Savior. It is the nature of the Spirit.

As a believer, when you learn to walk in the Spirit, forgiveness will not be difficult for you. As Paul says in Galatians 5:16, "This I say then, Walk in the Spirit, and ye shall not fulfill the lust of the flesh."

Your focus should be on walking in the Spirit, not in the flesh. When your mind is fixed on the Spirit at all times, you will not struggle with whether or not you are acting in the flesh.

Forgiveness is a fruit of the Spirit; it is the nature of the Spirit, My Brothers.

Furthermore, by choosing to forgive, you may save a lost soul. In Matthew 14, Christ teaches that rather than allowing offenses to consume your hearts, you must learn to forgive by addressing the matter with your brother. However, if he refuses to listen after multiple attempts at reconciliation, you are advised to treat him as an unbeliever. But this does not mean you should hate him—you are called to love even your enemies.

Hence, the crux of everything I am writing to you is to train your spirit man to the extent that Forgiveness seems natural to you like eating food.

Also, in the same Eph 4:32, we are advised to forgive just as God forgave us in Christ.

How did God forgive you? He forgave you completely without keeping the record of any of our wrong done just as the Psalmist said "Just as the east is far from the west, likewise God has taken your sin away from you."

That is the kind of forgiveness God is expectant from you.That in all your dealings and conversation with such a person, you will never bring it up again or mention it. Bygones become Bygones.

Lastly, I will tell you that in your dealings with your roommates, families, spouses, friends, relatives, etc - offences are bound to happen but you have a choice in either allowing the offences to define your action and attitude or just overcome such offences with lovely act of forgiveness.

It is all a matter of your choice. Thus, always make the right choice, brothers.

*Your Brother in Christ,*
*Osuntoki William*

An Epistle to My Beloved Disciples on the Subject of Love

Dear Beloved Disciples,

This is my heartfelt letter to you regarding the subject we have been delving into—the profound and transformative subject of love.

In our previous gatherings, I have established that our love for men is rooted in God's boundless love for us. We also explored the pivotal role of the Holy Spirit as our strength and guide, enabling us to love as God loves. Lastly, in our most recent session, we touched on the nature of love as a fruit of the Spirit—one that grows and matures over time.

Today, I feel compelled to write to you about the weighty implications of walking—or failing to walk—in love. This matter carries immense spiritual significance, and I urge you to give undivided attention to the words written here.

Recently, during my time in the Word, I encountered two powerful portions of Scripture that illuminate God’s perspective on love and His call for us to walk in it. These scriptures are found in Matthew 25:34-45 and 1 Corinthians 11:29.

I encourage you, dear brothers, to study these passages for yourselves, for in doing so, you will discern the heart of God.

The passage in Matthew 25 reveals that every act of love shown to a brother is an act of love shown to Christ Himself. Conversely, every gesture devoid of love toward a brother is a rejection of Christ. Imagine this: when you extend kindness or grace to your fellow man, see it as an act unto Christ Himself, including your interactions with your spouse, parents, and friends.

This is why Apostle John wrote that we cannot claim to love God while harbouring hatred toward our brothers. How can one love an unseen God while failing to love those who are made in His image?

It is crucial, my dear brothers, to remember that God resides in all men, regardless of their flaws or weaknesses. Even when people seem unlovable, we are called to love them in honour of God who dwells within them. This includes everyone—your spouse, parents, siblings, friends, roommates, and even those who challenge your patience.

Let me emphasize this: Believers are not ordinary people. They are members of Christ's body. Tread carefully in your dealings with them, for what you do to them, you do to Christ.

Consider this example, particularly for you who have challenges in your marital relationship. In Ephesians 5:25-33, Apostle Paul uses the relationship between Christ and His Church to illustrate the bond between husband and wife. Just as Christ loves the Church, which is His body, a husband is called to love his wife, who is part of his own body.

Christ identifies so deeply with His Church that whatever is done to believers—whether love or disdain—is done to Him. Recall when Christ confronted Paul on the road to Damascus, He asked, “Why are you persecuting Me?” and not, “Why are you persecuting the Church?”

Beloved, this truth extends to your relationships with your spouses, siblings, roommates, and all brethren. Even when they act unlovable, God calls you to love them, for they are His workmanship, a part of His Body, and a work in progress.

Failure to discern the Lord’s Body can lead to dire consequences. 1 Corinthians 11:29 warns that failing to recognize the Body of Christ has left many weak, sick, and even dead. This is not meant to instill fear, but to highlight the gravity of not walking in love. God values His Body—both the individual believer and the collective Church.

Thus, my dear disciples, let love guide your actions. Do not allow an offence to take root in your heart. When wronged, be quick to apologize and reconcile, for in doing so, you honour God. Remember, harbouring bitterness against another is akin to contending with Christ Himself.

Many people suffer today—not because of overt sin, but because they have failed to walk in love. They harbour disdain for their parents, friends, spouses, or siblings, often excusing their actions with, “They provoked me.” Yet, even provocation does not disqualify anyone from being part of Christ’s Body.

Choose instead to forgive before offences arise. See beyond the flaws of others and believe in the best of them. By walking in love intentionally and forgiving freely, you align yourself with God’s will and protect your spirit from unnecessary turmoil.

I hope these words have conveyed the wisdom of old to your hearts. Walking in love is not just an act of obedience; it is a declaration of God’s love for us. It is a path that shields you from inadvertently opposing your Master, Jesus, in whose Body you belong.

With love and grace,
Osuntoki William.