Authored By: Mbah Justina Chinaza
Nasarawa state University keffi, Nasarawa state.
ABSTRACT
Intellectual Property (IP) serves as a crucial driver of innovation, creativity, and economic development. This article examines the legal frameworks governing intellectual property in Nigeria, focusing on statutory provisions, institutional structures, judicial interpretation, and emerging trends. It adopts a doctrinal research methodology, critically analyzing legislation, case law, and scholarly commentary. The study finds that while both countries share common historical influences and belong to key international IP treaties. The article concludes with recommendations for strengthening Nigeria’s IP regime to enhance innovation and global competitiveness.
INTRODUCTION
‘property is in its nature timid and seeks protection, and nothing is more gratifying to the government than to become it’s protector’ as posited by John C. Calhoun.
Property includes everything, animate or inanimate, capable or being the subject of ownership . However, the meaning of property has extended to cover intangible things and intellectual Properties such as rights in music, artistic work, literary work, audio visual, invention, logo, slogan and trade secrets.
The importance of the protection of property cannot be overestimated as it is a fundamental right protected by the Constitution of the Federal Republic of Nigeria, 1999.
Intellectual property often called IP refers to the creation of the mind and innovations that originate from a person’s mental effort, such as inventions, literary and artistic work, design, symbols, names and images used in commerce. As Mark Getty once said “IP is the oil of the 21st century, so we must harness and protect the oil as a source of energy, in the form of encouragement for innovative and creative work as a source of revenue to the author or owner.
Intellectual Property Law provides legal protection for creations of the mind, such as inventions, literary and artistic works, industrial designs, and symbols . In my own words, intellectual property refers to the brain child of an individual, this is the creation of ideas into life. These ideas needs to be protected and the owner has to be celebrated by anyone who uses it.
The History of IP spans from ancient guilds controlling craft to modern international Treaties. With the advent of printing, especially in Europe, the need to control text and artistic works led to early copyright like systems to reward authors and publishers. Then came the Statute of Anne (1710) a landmark UK law establishing author’s rights, shifting focus from printers to creators.
IP history in Nigeria mirrors British colonial Influence evolving from early UK laws to specific Nigerian statutes like the 1988 Copyright Act establishing bodies like the Nigerian Copyright Commission (NCC) for better administration.
RESEARCH METHODOLOGY
This study adopts a doctrinal (library-based) research methodology. This involves the Review of primary sources like Nigerian statutes, Judicial decisions and International treaties like Berne Convention, WIPO Treaties) Also, Secondary sources:
Textbooks, journal articles, policy papers, and official reports, Academic commentaries.
LEGAL FRAMEWORK
IP law is the body of laws that govern all the relevant aspects i.e. ownership, registration, protection, licensing, assignment, lifespan of IP Rights.
Nigeria’s IP system is governed by several legislations and case laws, many inherited from the colonial era and not fully aligned with modern standards.
IP is protected by law e.g. patent, copyright, trademark which enables people earn recognition or financial benefits from what they invent or create by striking the right balance between the interest of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
- Copyright
This is a legal term used to describe the right that creators have over their literary and artistic work. It covers works ranging from books, music, painting, sculpture films, computer programs, databases, advertisement, maps, and technical drawing. These rights are protected by the Copyright Act, Cap C28, LFN 2004 (as amended 2022) Provides protection for literary, musical, artistic works, cinematography films, broadcasts, and sound recordings.
This is administered by the Nigerian Copyright Commission (NCC).
In Eko Law Publishers LTD v Akinfolarin &ors, the court reiterated the need for ingenuity in copyright works upholding that the mere reproduction of a work without significant or alteration or transformation cannot constitute a new copyrightable work.
- Patents and Industrial Designs
A patent is an exclusive right granted for an invention. A patent provides the owner with the right to decide how or whether the invention can be used by others. This is provided for by the patents and Designs Act, Cap P2, LFN 2004 It grants patents for new inventions involving inventive steps and capable of industrial application. It is administered by the Trademarks, Patents and Designs Registry.
In PZ Cussons (Nig.) plc v Sikvex int. LTD , there was a dispute over the patent of a soap product. The court upheld the plaintiff’s patents underscoring the necessity for exclusive right to encourage innovation. Also, in Odeon Cinema Ltd v National Films Agency Ltd, The court of upheld the rights of the original designer, underlining the significance of industrial design protections.
- Trademarks
Trademark is a sign capable of distinguishing the goods or services of one enterprise from another. It dates back to ancient times when artisans used to put their signature or Mark on their products. It is protected by the Trademarks Act, Cap T13, LFN 2004 Which governs registration and protection of marks used in trade.
In Ferodo Ltd v Ibeti industries Ltd , the Supreme Court of Nigeria tackled tissue of trademark infringement, accentuating the need to protect registered trademark from unauthorized use.
- International Treaties
Nigeria ratified key international IP treaties and is a party to:
-TRIPS Agreement
-Berne Convention( 1986)
-Paris Convention (1963)
-WIPO treaties (1993)
-WTO ( 1995)
However, domestication under Section 12 of the Constitution is sometimes lacking.
CRITICAL ANALYSIS
- Legislative Modernization
Nigeria’s laws are outdated, particularly the Patents and Designs Act and Trademarks Act.
- Institutional Framework
Nigeria’s institutional support is weaker, though the NCC performs relatively well.
- Accessibility and Innovation
Nigeria lacks similar robust frameworks to stimulate local innovation.
- Enforcement
Nigeria faces:
-Counterfeiting problems
-Weak border enforcement
-Slow litigation process
- Judicial Role
Nigerian courts are more conservative.
RECENT DEVELOPMENTS
-2022 Copyright Act amendment strengthening digital rights.
-Discussions on reforming patent and trademark legislation.
-Growth of technology startups demanding stronger IP protection
RECOMMENDATIONS
- Legislative Reform
Nigeria should:
-Update the Patents and Designs Act and Trademark Act to meet global standards
-Include service marks, geographical indications, and better protection for digital works
-Domesticate international treaties fully
- Establish Specialized IP Courts , dedicated courts will improve judicial efficiency and expertise.
- Strengthen Enforcement Mechanisms
Better border controls
Anti-counterfeiting task forces
Collaboration with customs and police
- Promote Local Innovation
Incentives for research and development
Support for startups and creative industries
Technology transfer frameworks
- Capacity Building
Training for judges, lawyers, and enforcement officials
Public awareness campaigns
- Learning from India
Nigeria can adopt India’s:
IP facilitation centers
Comprehensive patent examination guidelines
Stronger digital IP strategies
CONCLUSION
Intellectual property in Nigeria is fast becoming an increasingly emerging aspect of Law especially in this digital age as such there is need to harmonize the legal framework to meet global standards, so as to adequately protect the right of every individual.
Nigeria colonial roots in their intellectual property laws. Nigeria’s fragmented system, outdated legislation, and weak enforcement hinder effective IP protection. By adopting comprehensive reforms, enhancing institutional capacity, Nigeria can build a more robust IP system that fosters creativity, attracts investment, and supports technological advancement.
Bibliography
Books and Articles
Adewopo, A. “Nigerian Intellectual Property Law and Administration.”
Nwauche, E. “Intellectual Property and Access to Knowledge in Nigeria.”
Ganguli, P. “Intellectual Property Rights in India: A Stronger Regime.”
Statutes
Constitution of the Federal Republic of Nigeria, 1999
Criminal code Act Cap ‘ C38’
Copyright Act, Cap C28, LFN 2004 (as amended 2022).
Patents and Designs Act, Cap P2, LFN 2004.
Trademarks Act, Cap T13, LFN 2004
International Treaties
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Berne Convention for the Protection of Literary and Artistic Works.
Paris Convention for the Protection of Industrial Property.
WIPO Copyright Treaty (WCT).
