In the rapidly evolving landscape of intellectual property, Nigeria stands as an increasing hub for innovation and creativity.
As the nation continues to witness a surge in technological advancements and creative outputs, the understanding and application of Intellectual Property (IP) laws become paramount.
TheJurist Newspaper brings you regulations designed to protect Intellectual Property in Nigeria.
What is Intellectual Property?
Intellectual Property encompasses any innovation, creation, or product born from the recesses of the human mind.
This broad variety includes literary works, designs, marks, inventions, and the enigmatic realm of trade secrets.
Intellectual Property laws, the guardians of these invaluable assets, intricately regulate every facet of ownership, protection, registration, assignment, and licensing of IP rights.
As Nigeria positions itself on the global stage as a hub for innovation, it is crucial to comprehend the framework of these laws that underpin the protection of intellectual endeavours.
Background
In 2023, the Nigerian Court of Appeal affirmed the Federal High Court’s decision to grant the Copyright Society of Nigeria (COSON) a ₦500 million ($650,000) copyright infringement award against the Calabar Carnival and Festival.
The court upheld a 2018 judgment, ordering the payment to COSON for copyright infringement during the festival.
It imposed a permanent injunction against using musical works from COSON’s repertoire at the Calabar Carnival.
COSON initiated legal action in 2014, alleging unauthorized copying, public communication, and broadcasting of musical works owned by its members during the annual event.
Background
The Federal High Court in Abuja, in August 2023 nullified the registration and unauthorized utilization of the Sanofi trademark by three Nigerian companies.
They were also instructed to compensate for damages.
The ruling was delivered by Justice James Omotosho in response to a lawsuit brought forth by the French multinational pharmaceutical and healthcare company, Sanofi S.A., based in Paris.
The Judge declared that the utilization of the Sanofi trademark by the Nigerian entities Sanofi Integrated Services Limited, and Sanofi Nigeria Enterprises Limited.
Thereafter, Sanofi Nigerian Enterprise was deemed illegal.
Furthermore, the court imposed damages on these companies for unlawfully interfering with the rightful use of the firm’s trademark.
Presently, Nigeria boasts three major laws that form the bedrock of Intellectual Property regulation:
- Copyright Act (Chapter C28 Laws of the Federation of Nigeria 2004): This legislation is the guardian of literary and artistic works.
Encompassing original literary works, musical compositions, artistic works, cinematography, and sound recordings, the Copyright Act safeguards the diverse expressions of ideas.
It stands as a cornerstone in the protection of intellectual property and creative expression within the nation.
The legislation serves a crucial purpose in Nigeria by creating a favourable atmosphere for individuals involved in writing, music, and other creative forms.
It also supports the rights and interests of artists, writers, musicians, and other creative minds in Nigeria.
As technology continues to reshape the creative landscape, it is imperative to uphold and adapt this legislation to ensure that the rights of Nigerian creators remain protected.
Thus, fostering a vibrant and dynamic cultural environment.
2. Trademarks Act (Chapter T13 Laws of the Federation of Nigeria 2004): Focused on preserving distinctive marks that serve as identifiers in the market, this law is instrumental in preventing consumer confusion about the origin of goods and services.
3. Patents and Designs Act (Chapter P2 Laws of the Federation of Nigeria 2004): This legislation serves as a shield for inventors, granting exclusive rights for a specified period.
It incentivizes innovation by allowing inventors to capitalise on their creations.
While these laws form the legal backbone, Nigeria’s Intellectual Property protections are categorized into four distinct types:
• Copyright: Primarily concerned with literary, artistic, and musical works, the Copyright Act extends its protective umbrella to various forms of creative expression.
•Trademark: Safeguarding distinctive symbols, names, and marks, the Trademarks Act plays a pivotal role in ensuring market clarity and preventing consumer confusion.
•Patent: Governed by the Patents and Designs Act, this protection provides inventors exclusive rights to their creations, fostering an environment conducive to innovation.
•Industrial Design: Critical for preserving the unique visual design of objects, this protection enhances the aesthetic and commercial value of products.
In addition to these statutory forms of protection, another recognized but distinct form of Intellectual Property in Nigeria is Trade Secrets.
Although not governed by specific statutes, Trade Secrets involve confidential business information, processes, or techniques that confer a competitive advantage to businesses.
Nurturing Innovation and Creative Excellence
Understanding Intellectual Property Law in Nigeria is not merely a legal imperative; it is a spur for economic growth, technological advancement, and the encouragement of creative industries.
The synergy between these laws seeks to strike a delicate balance between fostering innovation and creativity while safeguarding the rights of creators and inventors.
Despite recent initiatives aimed at reinforcing intellectual property (IP) laws in Nigeria, the challenges of piracy and counterfeiting persist as a looming threat.
While the Nigerian government has taken strides by entering international agreements to address these issues, there is a recognized need for further endeavours to safeguard inventions and creative works from infringement.
Notably, piracy and counterfeiting pose substantial issues within Nigeria, particularly within the realms of music and movies.
The Nigerian government has implemented diverse measures to combat these challenges.
It includes the establishment of an online portal for copyright registration and the forging of agreements with international organizations to enhance enforcement capabilities.
However, the effectiveness of these efforts is yet to be fully realized, given their recent implementation.
Addressing IP Challenges in Nigeria: Experts Call for Reforms
In a recent celebration of International IP Day at the 2020 U.S. Embassy event, Ngozi Aderibigbe, Chairperson of the Section of Business Law, Nigerian Bar Association (NBA) IP Committee, highlighted significant challenges within Nigeria’s intellectual property (IP) landscape.
Aderibigbe emphasized the need for reforms to better align IP laws with the nation’s unique developmental context.
Aderibigbe noted that Nigeria’s IP infrastructure encompasses legislation, administrative bodies, and enforcement mechanisms.
However, she pointed out that the existing IP laws were adopted from foreign jurisdictions, lacking adaptation to Nigeria’s specific developmental needs.
Among the challenges identified were the absence of an overarching supervisory authority on IP issues.
Others are; outdated legislation, regulatory bottlenecks, inefficient administration of justice, and limited use of technology and anti-counterfeiting measures.
“Our IP laws have their roots in international IP instruments and are not adapted to reflect the peculiar needs and pace of development in Nigeria,” Aderibigbe remarked.
To address these challenges, Aderibigbe proposed several key reforms.
They include Legislative Review and Amendment, Digitization of IP Processes, IP Awareness and Education, and Specialized IP Courts, amongst others.
Experts from across technology and law firms within and outside the country have also alluded to the fact that IP law in Nigeria needs a review.
The experts which were drawn from across technology and law firms within and outside the country called on concerned authorities to review Nigeria’s outdated IP laws.
They pointed out that this will attract investment opportunities in the technology sector and other sectors across the country.
Speaking at the 2nd Annual Business Series of Duale, Adeniyi Duale, Managing Partner, Duale, Ovia & Alex-Adedipe said that no investor will put his money in a business with risks associated with not having strong IP rights or trade mark.
He advised the Nigerian government on the need to have a legal framework that can protect innovations, especially as it concerns technology.
As Nigeria positions itself on the global stage, the robust Intellectual Property framework serves as a beacon, attracting investment, fostering a culture of innovation, and contributing to the nation’s economic development.
As the nation embraces the digital era and witnesses a surge in startups, the relevance and understanding of Intellectual Property Law become even more pronounced.
