COMPARATIVE ANALYSIS OF INTELLECTUAL PROPERTY LAWS IN NIGERIA AND INTERNATIONAL STANDARDS

 COMPARATIVE ANALYSIS OF INTELLECTUAL PROPERTY LAWS IN NIGERIA AND INTERNATIONAL STANDARDS

Musa Habila Zakariah

University of Jos

INTRODUCTION

The World Intellectual Property Organization (WIPO) defines intellectual property as creations of the mind, such as inventions; literary and artistic works; and symbols, names, and images used in commerce. Intellectual property (IP) laws aim to protect these intangible creations by granting legal rights to creators, distinguishing these from physical property. IP law regulates the creation, acquisition, and protection of intellectual property, and it helps resolve disputes related to infringement. Nigeria’s IP regime began developing post-independence in the 1960s and has continued to evolve. This article discusses the similarities and differences between Nigeria’s IP laws and international standards, along with challenges and recommendations.

OVERVIEW OF INTELLECTUAL PROPERTY LAW IN NIGERIA

Nigeria has made progress in promoting IP rights, yet it faces several challenges. These include limited public awareness about IP rights, ineffective enforcement mechanisms, insufficient penalties for infringement, and corruption within government agencies responsible for IP development and protection.

NIGERIAN LEGAL FRAMEWORK AND INTERNATIONAL IP TREATIES

Nigeria’s IP landscape is anchored by several key laws, including the Copyright Act, Patents and Designs Act, and Trade Malpractices Act, which provide the foundation for IP protection within the country.

Additionally, Nigeria has ratified multiple international treaties to align its IP regime with global standards. These treaties include the Paris Convention for the Protection of Industrial Property (1963), the Berne Convention (1986), the Rome Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting Organizations (1993), the Patent Law Treaty (2005), and the Patent Cooperation Treaty (2005).

Nigeria’s membership in WIPO since 1993 and the World Trade Organization (WTO) since 1995 reflects its commitment to multilateral efforts to develop and protect IP rights globally. However, Nigeria has yet to ratify all significant IP-related treaties, as required by Section 12(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended). This highlights the need for Nigeria to align its domestic laws with its international obligations to strengthen its IP regime.

A COMPARATIVE EXAMINATION OF IP PROTECTION: NIGERIAN COPYRIGHT ACT, BERNE CONVENTION, AND WIPO COPYRIGHT TREATY

The Nigerian Copyright Act, Berne Convention, and WIPO Copyright Treaty form the cornerstone of IP protection. A comparative analysis reveals both convergence and divergence within these frameworks.

The duration of protection differs, with Nigeria’s Copyright Act offering 70 years of posthumous protection, exceeding the Berne Convention’s 50-year standard. This disparity reflects Nigeria’s commitment to safeguarding creators’ interests.

The scope of protection also varies. Nigeria’s Copyright Act allows for voluntary registration, while the Berne Convention and WIPO Copyright Treaty do not require formal registration. Introducing mandatory registration could potentially enhance enforcement in Nigeria.

Although all three frameworks grant similar rights—such as reproduction, distribution, adaptation, and public display—the WIPO Copyright Treaty specifically addresses digital rights management and technological protection measures, which are not covered by Nigeria’s Copyright Act or the Berne Convention.

On a broader scale, the Berne Convention and WIPO Copyright Treaty have international implications, while Nigeria’s Copyright Act functions primarily at a domestic level.

OBSERVATIONS ON INTELLECTUAL PROPERTY LAWS IN NIGERIA

Many of Nigeria’s IP laws are outdated and misaligned with the realities of the 21st-century global marketplace. For example, the Trade Marks Act dates back to 1967, essentially re-enacting the UK’s 1938 Trade Marks Act, and the Patents and Designs Act was enacted in 1971. These laws lack provisions to address recent innovations and advancements, leaving creators and innovators without adequate protection.

CONCLUSION AND RECOMMENDATIONS

To provide effective IP protection, Nigeria’s IP legal framework requires comprehensive reform to ensure robust protection for creators’ rights and efficient enforcement mechanisms. Law enforcement agencies should be granted adequate powers and streamlined procedures for obtaining search and seizure orders.

Nigeria could benefit from studying IP strategies in emerging economies like China and India, where IP protection has spurred innovation, technological advancement, and economic growth. China’s National IP strategy and establishment of specialized IP courts have significantly boosted its innovation-driven economy. By adopting similar measures, Nigeria can foster a more competitive, innovative economy, drive growth, and better protect the rights of creators and innovators.