ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORKS FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN NIGERIA
ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORKS FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN NIGERIA
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Date
2014-12
Authors
AMEH, ISAAC
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Abstract
The subject of intellectual property rights without doubt, has attained considerable universal
prominence, especially in its ever growing significance to the core values of human enterprises. In
today’s world, the subject of intellectual property rights is so central and dynamic that it is the
concern of many disciplines of law, technology, economics, health, culture, agriculture, environment,
international relations, politics and more. Intellectual property has problems with political and socioeconomic
contents, for example, piracy, counterfeits and imitation. This is as a result of
advancement in technology touching on internet, digitalization through compact discs, industrial
photocopiers and scanners. There are various numeric legal provisions, for example, Copyright Act,
Trademark Act, Patent and Design Act which are supposed to deal with these problems. But because
of the ever-changing development in science and technology, the laws are always behind
developments or the enforcement mechanisms are weak. Also there are institutional frameworks
such as the Nigerian Copyright Commission, the National Office for Technology Acquisition and
Promotion, the Customs and Excise, the Federal High Court, the Nigeria Police and so forth for the
administration and enforcement of intellectual property in Nigeria. At the international plane such
as Berne Convention for the Protection of Literary and Artistic Works, Paris Convention for the
Protection of Industrial Property and Trade Related Aspect of Intellectual Property Rights (TRIPS)
there are laws and conventions prohibiting offences touching intellectual property. Despite these
legal and institutional frameworks, piracy of copyrighted materials, counterfeit or imitation of
patented products still go on unabated in this country. That is, offences bordering on intellectual
property such as piracy, imitation and counterfeiting are on the increase. Without legal and
institutional protection, it is doubtful if any reasonable person would dissipate energy into creating
intellectual property. This dissertation examined the legal and institutional frameworks for
protection of intellectual property rights in Nigeria, with the view to ascertaining their efficacy or
otherwise for the protection of intellectual property rights. The need for the protection of intellectual
property rights cannot be over-emphasized. Both legal and institutional protections accorded to
various species of intellectual property do not only encourage the owners of such rights to engage
their creative intellect in more creativity for the utility of the society, but it also serves as an
incentive to others that have creative minds to put their creative intellects into uses too. In analyzing
the laws and institutions doctrinal approach was used. The researcher visited some of the institutions
for the enforcement of intellectual property rights, such as Nigerian Copyright Commission, National
Office for Technology Acquisition and Promotion, Trademarks and Patent and Design Registry for
first hand information on the subject matter. Information was also obtained through the institutions’
websites and other relevant sites on the internet. The works of other writers were also consulted.
Laws such as Copyright Act, Trademark Act, Case laws, for example, decisions of superior courts of
records where relevant were used. The research found that there are some deficiencies in
enforcement mechanism of institutional frameworks, for example, lack of unity of command of
different agencies, for example, the Police, Copyright inspectors, Custom and Excise share failure in
protecting intellectual property rights. It was further found that there are several similarities in
powers and functions of agencies which create confusion, for instance the role of copyright
inspectors and police in respect of copyright matters. Also noted was that trademarks, patent and
design do not have enforcement institutional framework like Nigerian Copyright Commission for
Copyright. Another finding was the lack of expertise of personnel, inadequate manpower, facilities
for operation and poor funding of the institutions. It was recommended that by improving the legal
regime, enforcing the existing laws and increasing public awareness, the government in concert with
relevant public and private sectors can make significant contributions in realizing its goal of
protecting intellectual property rights in Nigeria. On the institutional cooperation it is recommended
that the relevant agencies of government should build stronger cooperation and coordination for
effective monitoring and enforcement of intellectual property rights.
Description
A DISSERTATION SUBMITTED TO THE SCHOOL OF
POSTGRADUATE STUDIES, AHMADU BELLO UNIVERSITY, ZARIA,
IN PARTIAL FULFILLMENT FOR THE AWARD OF THE DEGREE OF
DOCTOR OF PHILOSOPHY IN LAWS - Ph.D.
DEPARTMENT OF PRIVATE LAW
FACULTY OF LAW
AHMADU BELLO UNIVERSITY, ZARIA
NIGERIA
DECEMBER, 2014
Keywords
ANALYSIS,, LEGAL,, INSTITUTIONAL FRAMEWORKS,, PROTECTION,, INTELLECTUAL,, PROPERTY RIGHTS, NIGERIA.