Rosewood Attorneys
Lagos, Nigeria.

8B Fabac Close, Victoria Island Lagos, Nigeria
Tel: (234)812-434-1737    Office: (234)1-270-5918


Functions of Rosewood Attorneys' Patent and Trademark Department?

Our ultimate role in this department is to grant patents for the protection of inventions and to register trademarks. It serves the interests of inventors and businesses with respect to their inventions and corporate products, and service identifications. 

It also advises and assists clients in matters involving all domestic and global aspects of “intellectual property.” Through the preservation, classification, and dissemination of patent information, our legal Office promotes the industrial and technological progress of the nation and strengthens the economy.

Some people confuse patents, copyrights, and trademarks. Although there may be some similarities among these kinds of intellectual property protection, they are different and serve different purposes.

Licensing of image or name?

Here are examples of uses for which you will need an Image License:

  • Use in magazines, books, feature films, television productions, commercials and print advertisements; theme parks;
  • Website, online and multimedia designs;
  • Online or Electronic Distribution Systems, including web page design to a maximum resolution of 72dpi;
  • Advertising and promotional campaigns, presentations and brochures;
  • Book jackets and interior pages;
  • Packaging for software, music albums, CDs, cassettes and videotapes;
  • Calendars, greeting cards and posters;
  • Trade show displays, billboards and exhibits;
  • Products for resale in any quantity;
  • Broadcast and Theatrical Exhibitions;
  • Publications and Products; and
  • Any other uses with prior approval, in writing, by Licensor.

Image Licensing

Before an explanation about licensing I want to start with a short sentence or two about Copyright and Intellectual Property (IP). They set the context for what follows and go a long way to explaining why licensing exists.

Below are three quotes from the Intellectual Property office:

  • The creator of the image is automatically the holder of the copyright in that image.
  • Copyright applies to any medium. This means that you must not reproduce copyright protected work in another medium without permission. This includes, publishing photographs on the internet, making a sound recording of a book, a painting of a photograph and so on.
  • Copyright does not protect ideas for a work.  It is only when the work itself is fixed, for example in writing, that copyright automatically protects it. This means that you do not have to apply for copyright.

One of the reasons given for this automatic protection is that content creators (i.e. a photographer) can:

  • control the use of your IP, and use it to gain reward. This encourages further innovation and creativity.

I hope that sets some context as to why photographers, musicians, broadcasters, software designers, manufacturers and retain their right to Intellectual Property and Copyright.

Prior to the nitty gritty can I just make clear three concepts I believe are at the heart of licensing images. They are:

Licensing images:

  • gives a customer versatility
  • is cost effective
  • is uniquely tailored to the needs of the customer

Perhaps summed up even more concisely:

Licensing an image means you only pay for what you need.

May I point out that a photographers fee is usually for their time, their professional experience, their knowledge, their equipment, their overheads and all the necessary insurances.
The license covers what, where and how the image will be used.
In photography, it can be argued that there are two dominant models of image licensing.
1. Royalty free and 2. Rights managed.

What Can Be Patented

The patent law specifies the general field of subject matter that can be patented and the conditions under which a patent may be obtained.

In the language of the statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the conditions and requirements of the law. The word “process” is defined by law as a process, act, or method, and primarily includes industrial or technical processes. 

The term “machine” used in the statute needs no explanation. The term “manufacture” refers to articles that are made, and includes all manufactured articles. The term “composition of matter” relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products.

A patent cannot be obtained upon a mere idea or suggestion. The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required.