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posted 4 years ago
Introduction
Enforcement of Intellectual Property (“IP”) in Nigeria is saddled with loopholes, bureaucratic bottlenecks, lack of technical knowledge, skills and lack of public awareness. These have led to the prevalence of piracy, counterfeiting, unauthorised, unlicensed use and infringement of IP rights. Though there have been laudable developments in recent times, there is still a wide gap in the enforcement of Intellectual Property Rights.
Regulatory Framework & Institutions
The principal types of Intellectual Property rights in the Nigeria Legal System are Copyrights, Patents, Trademarks and Industrial Designs. The regulatory frameworks include by the Copy Right Act Cap C28, Trade Marks Act Cap T13, Patent & Design Act P2 and the Merchandise Marks Act Cap M10.
These laws are enforced by the Nigerian Copyright Commission (“NCC”), The Trademark, Design and Patents Registry which is a subdivision of the Ministry of Industry, Trade & Investment, The National Agency for Food and Drug Administration Control (“NAFDAC”), The Nigerian Police (“NPF”) and The Nigerian Custom Service (“NCS”).
Nigeria is also a signatory to numerous international treaties on Intellectual Property. These include the World Intellectual Property Convention (“WIPO”) of 1970, Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”), Berne Convention and Rome Convention for the Protection of Performers, Producers of Phonograms & Broadcasting Organisation etc.
The Current Situation
Enforcement of IP rights in Nigeria have been slow, largely ineffective and ladled with obstacles and loopholes. We shall consider the causative factors:-
The Way Forward
Due to the loopholes in enforcing IP rights and resolving IP disputes in Nigeria, it has become necessary that new and alterative procedures need to be considered. These include Arbitrations and Special Courts.
Why Arbitration
Arbitration according to the Black’s Law Dictionary is a dispute resolution process in which the disputing parties choose one or more neutral third parties to make a final and binding decision resolving the dispute. WIPO has advocated for the use of Arbitration for resolving IP disputes and has gone further to establish an Arbitration & Mediation Centre for resolving IP disputes. It also has in place its Arbitration rules. Discussed here are the advantages of Arbitration over Litigation and why IP disputes should be resolved using Arbitration in Nigeria.
Establishing Special IP Courts
A special IP Court is an independent public judicial body that can operate at national or regional levels to adjudicate IP disputes, enforcement of IP rights and incidental disputes. There has been a global trend toward the establishment of specialized IP courts, especially in developed countries. Establishing a specialized Court improves the quality of justice available to litigants. This is because the Judiciary will have vast experience and knowledge in IP. This is unlike non-specialized Courts, where the judiciary may or may not have vast knowledge of IP. Specialized Courts are better equipped to keep pace with and adapt to dynamic developments in Law. Another advantage of specialized Courts is that they allow for timely and cost-effective handling of proceedings and can improve consistency in case Law. Establishing a specialized IP Court or Tribunal in Nigeria will further enhance the effective enforcement and protection of IP rights in Nigeria, and it is important considering the fact that some IP disputes are of a criminal nature and thus not arbitrable.
Conclusion
Intellectual Property plays a key role in the economy and development of a Country. Where these rights are adequately protected, enforced and implemented, it has a lot of benefits to the economy and the society at large. Lessons have been learnt form developed countries who have given IP the paramount stage that it deserves. A crucial method of ensuring these rights and enforced and disputes are efficiently resolved is to resort to Arbitration and establish specialised IP Courts. Our Laws should be amended to meet up with dynamic trends in IP, to provide resort to ADR, especially Arbitration, and Special Courts and Tribunals should be established to ensure speedy and effective trial of IP disputes.
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