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Home Blog Page 5117

The SORO SOKE BOOK and the Nigerian Act on Traditional Knowledge and Cultural Expressions

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For the third day in a row, Nigerians are still not laughing at Trish Lorenz, the author of the Soro Soke book who claims to have created the phrase. The youths have been the key actors in calling out the European author and journalist as well as the publisher, the Cambridge University Press.  Our analyst noted in the prior analysis how the youths and other groups of Nigerians who voiced mixed sentiments about the book and claim echoed in emphasis on unjustly benefitting from Nigerian cultural expression, intellectual property theft, and neocolonialism through book publishing.

As the conversation continues, our analyst explores the need for a Traditional Knowledge and Cultural Expressions Protection Act in this piece. This is based on the insights gleaned from discussions on multiple platforms over the last three days, which are expected to continue in the coming days. Nigeria is undeniably a multicultural country, with over 250 ethnic groups and 500 languages. It is currently a country with thousands of traditional knowledge and cultural expressions or identities due to this single factor.

Nigerians are unique and diverse in every way, from material culture to human culture. The types of food available in the north differ significantly from those available in the south. Similarly, the ways in which people engage in social activities range significantly. Cultural expressions or identities are generated both deliberately and involuntarily as a result of these and other activities.

According to various estimates, Nigeria has tens of millions of people who speak languages other than Yoruba, Hausa, and Ibo, which are the three major ethnic groups. Various terms originated from the language they speak. Our analysis shows that these expressions fall under the classifications of the World Intellectual Property Organization and the United Nations, which are in charge of cultural heritage preservation and administration. Verbal is one of these classifications. Musical, action, and tangible expressions are all present.

Despite calls from international and regional organizations to preserve and safeguard these forms through intellectual property rights laws, Nigeria, like other developing countries, has done little to create an enabling legal framework.  According to the World Intellectual Property Organisation, “Many indigenous peoples, local communities and governments seek intellectual property (IP) protection for traditional knowledge (TK) and traditional cultural expressions (TCEs) as intangible assets.”

Though, at the time of writing, there is no indication that the Nigerian government is not one of the governments mentioned by the organization. However, a review of the existing laws reveals that Nigeria lacks legislation specifically dealing with the protection of traditional knowledge and cultural expressions.

This approach is killing innovation among ethnic groups, as our analyst pointed out in one of our previous pieces on intellectual property rights. If the federal and state governments revisit existing laws such as the National Archives Act N6 of 2004, the National Library of Nigeria Act N56 of 2004, the National Commission for Museums and Monuments Act Cap N19 of 2004 (hereafter Nigcom MM), and the National Council for Arts and Culture Act N25 of 2004, ethnic groups would greatly benefit from their traditional knowledge and expressions. These Acts have no particular provisions on the safeguarding of each ethnic group’s traditional knowledge and cultural expressions. In most cases, significant amendments to the laws are required to effectively protect traditional cultural expressions.

Our analyst finds it surprising that the contentious expression appears only 35 times out of 50,144 words in Trish Lorenz’s book (Soro Soke). Aside from the monetary reward the author has won, the book will also bring in a lot of money in the future. Enacting applicable regulations is one of the crucial right measures if concerned stakeholders in culture, tourism, and languages are truly serious about enlivening these areas.

Big Win in Sierra Leone

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We had a great win today. My US investment company partnered with DAVID MEEK JAH’s, and together we picked a major stake in a bank in Sierra Leone. Today, the Bank of Sierra Leone has approved one of the most important licenses that will help us execute our grand mission in Africa. I just took family to TGI Fridays here in America to celebrate!

It feels really amazing. Out of the beautiful Freetown, we hope to provide a new order in financial services in Africa. May the good Lord bless Sierra Leone and prosper the good people of Sierra Leone.

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Nigeria: zero leakage, zero diversion guaranteed on fuel delivery and consumption

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Mr. President, if contracted and within 3 months, we will make it possible for you to know the fuel volume in Nigeria, and the exact location, across trucks (parked or on the go), depots, and stations, on your smartphone, and LCD monitor in the presidency.  Zero leakage, zero diversion guaranteed. Call me, Nigeria! We’re ready! We have the engineering!

Building the Operating System for Payment in Nigeria’s Downstream Sector

Congrats Faculty – Ifeanyi E. Okonkwo Makes World IP Review Leaders 2022

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Tekedia Institute  is proud to congratulate our Intellectual Property (IP) faculty, Ifeanyi E. Okonkwo of Jackson, Etti & Edu, for his recognition as one of the WIPR – World IP Review Leaders 2022. The World IP Review is the compass on global IP development and advancement across all domains, providing guidance on the challenges facing businesses and legal practitioners active in IP.

Tekedia Institute salutes Barrister Okonkwo. You have shaped young people on IP related matters and deepened the capabilities of firms on IP through the course – “Intellectual Property: Strategy, Management & Commercialization”– you developed for our school. We thank you!

To Jackson, Etti & Edu which is nurturing and incubating these IP leaders, thank you for your services. Win more markets and territories.

We’re Tekedia Institute. We’re Africa’s leading business school for entrepreneurial capitalism.

The goldmine of intellectual property rights

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Emerging technologies like AI would have transformation impacts on Law (source: law.com)

I as an Intellectual property lawyer can spend the whole day talking about intellectual property rights; their benefits, the rights, and damages. Although it is not yet fully developed in Nigeria or tapped by Nigerian creatives but Nigerian entertainers, those in creative spaces, content creators, etc should know that once they put an original material or content out there to the public they are deemed to have the legal right to such contents or materials.

Just like a physical property owner has the right to his tangible or physical property, a content owner also has the right to his content even though such contents are intangible but in law, they are deemed to be properties belonging to the creator or curator hence the reason why it is called “intellectual property”.

An intellectual property right is a right for the owner of the intellectual property to have and enjoy his property and be devoid of infringement by outsiders and theft. If anybody infringes on that right there will be legal consequences against that person. Any infringement on that no matter how minute it is calls for legal action. Anybody who makes use of such content without the express consent or authorization of the owner will be said to have stolen it and hence the act will be referred to as intellectual property theft.

These rights can only be enjoyed by a creative who has taken the extra step to legally reserve those rights for himself by registering those contents in Nigeria with the Federal Ministry of Trade and Investments through trademarks, patents, copyrights, etc.

When these contents have been fully registered it saves the rightful owner from controversies as to who is the lawful owner of the content. Just like a landed property owner is expected to register the property with the land registry to fully protect his rights, so also an intellectual property owner is legally expected to register his or her intellectual properties with the Ministry of Trade and Investments to fully protect his rights and shield it from theft and infringements.

Nigerian entertainers and those in the creative space need to know that intellectual property is a gold mine. It is you getting paid for your creativity and they all should take extra steps in laying legal claims to their creativities by duly registering it; trademarking, copyrighting, or patenting.