The intellectual property questions facing an early-stage company are different in character from those facing an established business. They are not less serious for being early-stage. The IP decisions made in the first two years of a startup’s life are the ones that determine what can be protected, what can be transacted, and what attracts or deters serious investors.
The most common problems we see at due diligence stage are not the result of negligence. They are the result of deferred decisions taken under the pressure of early-stage building: freelance developers retained without proper assignment agreements, founders who contributed IP to the company without formally vesting it, a trading name used for two years without a trademark application.
The Nigeria Startup Act 2022 established a legal and institutional framework for startups in Nigeria, including provisions for startup labelling, a dedicated investment seed fund, accelerator and incubation support, and tax incentives for labelled startups and qualifying investors. IP ownership structuring and documentation forms part of the evidentiary basis on which startup labelling rests.
For startups operating across multiple African markets, Nigeria’s position outside both ARIPO and OAPI is a planning point rather than an obstacle. A trademark filed through ARIPO covers member states but does not extend to Nigeria. A separate Nigerian application is required, and it should be filed as early as possible.
We advise startups on IP structuring, trademark filing and prosecution, copyright assignment and licensing, patent prosecution, investor due diligence preparation, and IP aspects of funding rounds and commercial transactions.