Institutional Framework for the Enforcement of Intellectual Property Rights in Nigeria: Challenges, Coordination Gaps and Prospects for Reform
Abstract
Intellectual property rights (IPRs) form a vital part of modern creative economies because they offer legal tools for the protection of works of authorship, inventions, brands, designs and other forms of creative output. Notwithstanding the existence of statutory protections, enforcement is a different issue altogether. This article analyses the enforcement machinery for IPRs in Nigeria, with particular focus on the institutional mandates, enforcement agencies, institutional mandates, coordination challenges and reform needs of the Nigerian intellectual property ecosystem. The article adopts a doctrinal research approach. Research materials are essentially legislations, judicial materials, institutional documents, policy instruments, and relevant contemporary scholarship. The analysis takes into account the Nigerian Copyright Commission, the registry for trademarks, patents and designs, the National Office for Technology Acquisition and Promotion, the National Information Technology Development Agency, the National Film and Video Censors Board, the National Broadcasting Commission, the National Council for Arts and Culture, the Trade Malpractices Investigation Panel, and the Federal Competition and Consumer Protection Commission, as well as the courts and other enforcement agencies. It finds that Nigeria is equipped with a fairly extensive enforcement machinery, but problems include overlapping responsibilities, capacity problems, poor coordination, procedural inefficiency, technological incapacity, low public awareness and rampant piracy and counterfeiting. The recently developed National Intellectual Property Policy and Strategy offers an opportunity to make up for these deficiencies. The article argues that a whole-of-government coordinated approach which includes law reform, institutional specialization, strengthening judicial capacity, effective border enforcement, stakeholder collaboration and public education is necessary for enforcement.