INTELLECTUAL PROPERTY IN NIGERIA: A MYTH OR REALITY? By: Victor C. Unegbu Esq.

The term ‘intellectual property’ has become a common term in Nigeria, and virtually everyone seems to have an idea of what it entails. There are different branches of intellectual property but what seems to be traditionally recognised in Nigeria includes sectors such as, copyright, industrial designs, patent and trademarks.

Do you know that there is more to intellectual property than these basically recognised sectors? Ever heard of geographical indications, new plants varieties, related rights or unfair competition? Do you know that you can protect your goods basically because it only originates from a certain region? Do you know you can protect that new plant you discovered and preserve your exclusive right over it? Do you know you have a right to an unfair competition in the market/commercial sector? Do you know that as a performer, sound producer, or a broadcasting organization, you can have your performances/productions protected just in the same way writers have their rights protected?

Meanwhile, have you ever heard of intellectual capital? Intellectual capital is basically the profits gained by exercising your economic rights over your intellectual property (getting paid for your creativity). Yeah, you can harness your intellectual capital by basically ensuring that your rights are enforced in its full capacity.

There is still more to intellectual property than copyright, trademark, patents, and industrial designs. You can have your ideas, inventions or creativity protected, no matter what it is. All you have to do is find out the class or aspect where you can register your product and seek to enforce your rights.

According to a legal luminary, Onuoha Justice Esq, “Intellectual property in Nigeria is a reality and has come to stay. Unfortunately, our laws are not strong on it and that is why piracy and plagiarism has become the order of the day.’’

If it is a reality, as Onuoha claims, one wonders why the laws are not strong enough to protect it or even enforce these rights. As a kid, you may have heard or read about a story a thousand times but does that make the story real and practicable? Seeing they say, is believing!

Enforcement is an essential component of intellectual property laws. Where there is no enforcement or implementation of laws, the law becomes like toothless dog. Obviously, there are several ways or methods through which these laws could be enforced. The problem is not how these can be implemented since they are well established, rather the issue is with the institutions or parastatals saddled with the duty of implementing these laws.

Then again there is a need to create more awareness on what intellectual property entails, the rights that it affords and the modes of enforcements. Finally, there is also the need to strengthen our laws to ensure proper protection and enforcement.

Be aware, be wise, and be protected!