Who Invented ‘Auto Gele’?
For a country where there is a lack of almost everything, Nigerians do not lack ideas, and this is partly traceable to the desire to solve complexities and partly because of the existence of the countless problems plaguing the nation and the desire to fix it.
In every beer-parlour talk, salon gist, market analysis, workplace banters and ‘shades’ thrown at food-joints, there are numerous ideas flying around in an attempt to solve a myriad of problems. Though these abstract ideas do not necessarily impact the world, they are the seeds that grow into trees needed in the world when explored and grown.
It is thus profound that in the multitude of these ideas, there exist a great faction of Nigerians who go the extra mile to explore and grow their ideas in a bid to ‘make’ or to‘re-make’ for a better system and livelihood in the Country. The sad news, however, is that most of these inventions get lost in time and identity, without a trace, without history because the inventors mostly do not know of the existence, the impact and the necessity of Patents.
A patent is generally considered as an exclusive right granted for an invention which is a product or process that provides a new way of doing something or offers a new technical solution to a problem.
Patents exist as a systematic and recognized means of protecting an invented procedure or product that resolves an existing problem or makes an existing procedure or product much better.
For the love of parties and ‘Owambes’ by African women, tying gele was and is undeniably a problem for the majority of these women. My mother was not good with tying gele, she always employed the help of experts whenever she had a function to attend that requires her to tie gele. Growing up, I watched as she gently removes the styled gele in a bid to retain its form/shape, hangs the gele on a wall after poking every constructive part with pins.
Auto Gele was a solution to this problem and a lot of African women sincerely have this Inventor to thank for the creation of a solution to arguably the most troubling part of looking Peng for ‘Owambes’ or African traditional parties. African women in diaspora appear to even value this invention more, considering the very little options available for tying a good gele outside Africa. Autogele is indisputably a blessing to lots of African women but there has been no inventor to accord the necessary right of ownership because the inventor probably had no idea that Patents exists.
Gele is a woman’s headwrap skillfully styled in different fashionable forms and worn to outings and parties in matching outfits. Autogele is an already styled and shaped headwrap which can be worn as seamlessly as a hat is worn without the knowledge of the relevant skill required in styling and tying gele.
Gele is tied in at least seven (7) African nations; and with the break of Autogele into the market, there are close to a thousand vendors of Autogele online (using Jiji, Instagram and Jumia platforms). The spread and usage of autogele ought to be for the benefits of the inventor but sadly, the inventor is unknown.
What patent would have done for the inventor would have exclusively preserved the production and distribution of autogele in such an inventor. This would mean that only the inventor will be able to make, sell or give other sellers the licence to sell autogele for 20 years following Nigerian laws.
A patent also gives an inventor the right to stop others from using the product or bring legal action including a claim for damages when the right is infringed upon. Registration of patent is a means of preserving an intellectual creation as the property of individuals who have come up with ground-breaking discoveries which can solve certain problems.
The pre-conditions for registering a patent were all met by autogele when it was newly created. It was without a doubt new at that point and it involved an inventive step that is not so obvious (in developed countries, this criterion will require an expert opinion from a person with knowledge and experience in the field).
The invention is clearly not against public policy and morality neither is it illegal. It is has gone beyond an idea to an aesthetic creation which is capable of being used and made in the fashion industry. Without considering the registration of this patent on the merits, the Patents and Designs Act, CAP P2, Laws of the Federation of Nigeria 2004 does not give the Registrar the powers to consider the merits or patentability of an invention before it can be registered.
The inventor of autogele would have had a rollercoaster experience in registering its rights on this invention. The inventor would, however, have to register the patent in major African nations where tying of gele is a norm because patents are restricted to each country where it was registered and does not apply outside the jurisdiction of the nation where it was registered.
Although it may be too late now for the inventor of autogele to register a patent or reap the benefits of her invention, a lot of to-be-inventors need to understand the provision of the law in protecting their intellectual rights when a new product or procedure is created.
The available intellectual property rights are not being fully explored in Nigeria and like the inventor of autogele, a lot is being given away daily by the inaction of many. It is imperative for the society to be aware and to consequently obtain the services of experts to advise, register and protect their intellectual rights to preserve the identity, value and benefits of the creation and ensuing rights.
Esther Olatunbosun is a legal practitioner specializing in corporate/commercial litigation and Intellectual property law. She is also a writer with a number of legal articles and creative writings credited to her name. She is based in Lagos, Nigeria and is currently an Associate at the law firm of Paul Usoro & Co.
