In Nigeria, the protection of fashion designs is an essential part of safeguarding your brand and creative output. Designers can protect their creations through Industrial Design Registration under the Nigerian Copyright Commission and Trademarks, Patents and Designs framework, as well as through copyright.

What Are Design Rights?

Design rights protect the visual appearance of a product, which includes shapes, patterns, colours, textures, surface decorations, and other aesthetic elements. In the context of clothing, this can cover dresses, shoes, bags, or other fashion items.

There are two main types of industrial design registration in Nigeria:

1. Textile Design Registration
2. Non-Textile Design Registration

1. Textile Design Registration

Textile design registration protects patterns, motifs, or surface decorations applied to fabrics or textiles. This is particularly important for brands that create unique prints, embroidery, or woven patterns.

• What can be protected?
  • Fabric patterns
  • Printed motifs
  • Surface decoration or texture applied to textiles
• Key considerations:
  • The design must be novel: it should not have been disclosed publicly prior to registration.
  • Designers in Nigeria benefit from a 6-month grace period, meaning that designs disclosed within the last year may still be eligible for registration. Under the Patents and Designs Act (Cap P2 LFN 2004), which governs industrial design protection in Nigeria, a design must be “new” to be eligible for registration. Importantly, the Act allows for a 6-month grace period from the date of first public disclosure during which an industrial design application can still be filed without the disclosure affecting the novelty requirement. This grace period is specifically provided under Section 24(3) of the Act.
  • Textile design registration can be layered with copyright protection, giving both aesthetic and legal rights to prevent copying of your unique patterns. It’s important to note that copyright protection does not extend to designs intended to be used as industrial designs. According to the Copyright Act, 2022, an artistic work is not eligible for copyright if it is intended by the author to be used as an industrial design. Therefore, designers should choose the appropriate protection mechanism based on the intended use of their creations.

2. Non-Textile Design Registration

Non-textile design registration covers the shape and configuration of the garment itself, such as a dress, coat, or shoe.

• What can be protected?
  • Three-dimensional shapes (e.g., the silhouette of a dress)
  • Innovative construction elements or unusual structural features
• Challenges:
  • Protecting the shape of a garment is generally more difficult than protecting textile patterns because most clothing shapes follow conventional forms.
  • A T-shirt, basic dress, or standard trousers may not qualify unless there is a combination of intricate or unusual features.

Unregistered Design Rights and Copyright

Even if a garment cannot be registered as an industrial design, designers may still rely on unregistered design rights. These provide a lesser, but important form of protection for unique combinations of shapes, features, or material use.

• Unregistered design rights:
  • Protect the overall shape or configuration of a product
  • Do not cover surface decoration (use copyright or textile registration instead)
  • Serve as a fallback if the design has already been disclosed publicly for over 12 months
• Copyright layering:
  • Copyright protects the artistic expression of designs, such as patterns, prints, and graphics
  • It can be used alongside textile or non-textile design registration to strengthen legal protection

Practical Tips for Nigerian Designers

1. Register early: Start the registration process at the design stage or before marketing your product.
2. Use multiple protections: Combine copyright, textile design registration, and non-textile design registration where applicable.
3. Document your creations: Keep dated sketches, samples, and digital files to demonstrate originality in case of disputes.
4. Monitor the market: Keep an eye out for copycats or infringement and act quickly to enforce your rights.

FAQs

Q: Can I register the shape of a simple T-shirt in Nigeria?
A: Likely not, unless it has unique features or structural elements. Standard shapes are often not considered novel enough for protection.

Q: Can I protect my textile print and dress shape simultaneously?
A: Yes. Textile designs can be registered for surface patterns, and non-textile designs can cover garment shapes. Copyright can also layer over both.

Q: What is the grace period for registering a new design in Nigeria?
A: Designers have 6 months from the date of first public disclosure to apply for registration.

Protecting your designs is critical for maintaining brand identity, preventing copycats, and building a sustainable fashion business in Nigeria.

Get in touch with Cardinal Counsel to discuss how to register your textile or non-textile designs and secure comprehensive protection for your fashion creations.