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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.
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