Traditional Knowledge and Trade Marks
Author Marcel Krüger Licence CC BY-SA 3.0 Source Wikimedia Commons Jane Lambert A few days ago the Intellectual Property Law Association of Nigeria referred me to a thread of tweets by a Nigerian national who was shocked that a private limited company in the United Kingdom could register the name of some 70 million people as a British trade mark. S.4 (3) of The Trade Marks Act 1994 prevents the registration of national emblems and the emblems of certain international organizations as trade marks and s.3 (a) the registration of signs that are contrary to public policy, but it does not specifically exclude the registration of the names of tribes or peoples. Having previously spoken at a webinar organized by that Nigerian IP Law association I offered to advise and assist it pro bono in this matter. My offer has not yet been accepted. I guess that is because the complainant had already carried out his research and anticipated what my advi...