Intellectual Property
In Nigeria, verbal assignments of intellectual property (IP) rights are generally not valid or enforceable. Intellectual property rights—including copyright, trademarks, patents, and industrial designs—are legally protected under Nigerian law, such as the Copyright Act, Trademarks Act, and Patents and Designs Act. The transfer of ownership of these rights requires a written agreement between the parties involved.
Relying on verbal agreements can lead to misunderstandings, disputes, and difficulties in proving the terms of the transfer. To ensure clarity, certainty, and legal enforceability, any assignment of IP rights should be documented in a written legal agreement.
Why a Written Assignment Is Important
A written assignment serves as a legally binding contract between:
- The assignor: the original owner of the intellectual property rights
- The assignee: the recipient of the rights
The agreement should clearly outline:
- The specific intellectual property rights being transferred
- Any limitations or conditions of the transfer
- The agreed terms and consideration (payment or other forms of compensation)
Having a written assignment provides legal protection for both parties. It creates a clear record of the transfer, which is essential in case of any future disputes or claims. This clarity ensures that both the assignor and assignee understand the scope of the transfer and their respective rights.
Key Takeaways
- Verbal assignments of IP rights in Nigeria are not legally enforceable.
- Always use a written assignment agreement to transfer IP rights.
- A properly drafted agreement protects ownership, prevents disputes, and allows for the commercial exploitation of your intellectual property assets.
At Cardinal Counsel, we can help you draft clear and legally enforceable IP assignments, ensuring that your rights are properly protected and your transactions are secure.
Contact us today at info@cardinalcounsel.co to arrange a consultation with one of our specialist IP lawyers.