Intellectual Property Protection As Tool For Economic Growth In Nigeria

Date

2019-05-05

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Publisher

Department of Public and International Law, Nasarawa State University, Keffi

Abstract

rhis research seeks to know whether tightening intellectual property rights protection in a typical developing country such as Nigeria can indeed promote innovation, attract foreign direct investment and invariably outgrowth economic growth. Intellectual property law is an aspect of law which offers protection to owners of intangible rights. The law was received in Nigeria like the English law,without including into the laws indigenous laws to make it native despite Nigeria having its own indigenous intellectual property protectoral laws. The Nigerian intellectual property law is evolving despite being in existence for over a century it is yet to attain full enforcement partly due to its nature of being intangible, vague and priceless. Intellectual property laws like Copyright, patents and designs, trademarks, trade secrets, unfair competition and passing off etc.,have legislations which where derived from International instruments and are regulated by agencies contain rights conferred on an individual result of his creativity which is intangible in form containing commercial value. The study reviewed the legal framework on enforcement of intellectual property rights protection with a view to bringing out its inadequacies; appraised the institutional framework and capacity for the enforcement of these rights and way forward. Innovations benefit consumers through the development of new and improved goods, processes and services. If one observes all the technological breakthroughs around, will understand better the importance of innovation in the life we lead. Undoubtedly, Intellectual Property Rights and • more specifically, the Patent System, foster innovation even further. The study employed the doctrinal approach which relied on information sourced from secondary sources mainly international conventions which provides best practices in this regard. The researcher discovered the very poor state of intellectual property in Nigeria with the major challenges in the area of enforcement. These include archaic laws, lack of political will, poorly and under-funded agencies, inadequate and poorly trained enforcement officers,lack of awareness of intellectual property rights and corruption. To confront these challenges,it is recommended that, Nigeria put in place a legal and institutional framework for rights enforcement, in tandem with the provisions of chapter III of the TRIPS Agreement which sets the minimum standard expected from member states. In addition, adequate funding of the relevant agencies with well trained and motivated employees, engagement in publicity and awareness campaigns, inclusion of the laws into school curriculum from the elementary level,and training of judicial workers on current trends on intellectual property law. Finally, the researcher is very optimistic that Nigeria will summon the courage to become a reference point on the enforcement of the Intellectual property law.

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Citation

A DISSERTATION SUBMITTED TO THE SCHOOL OF POSTGRADUATE STUDIES,. NASARAWA STATE UNIVERSITY, KEFFI IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE AWARD OF MASTER OF LAWS (LL.M) DEGREE