Impact of the World Trade Organisation TRIPS Agreement on the Intellectual Property Laws of Nigeria

Abstract

The primary purpose of this study is to determine the consequence of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) on the intellectual property laws in Nigeria. The discussion centers on the examination for compliance of the three main laws on intellectual property in Nigeria, as well as the enforcement mechanism for these laws. As the field of intellectual property continues to expand and impact on vital spheres, such as health care, foreign direct investment, technology transfer and access to information, there is a need to safeguard and sustain a beneficial response to concerns about the impact of the relevant provisions of the TRIPS Agreement and its application to intellectual property in Nigeria. The impact of the TRIPS Agreement on developing countries has been a subject of extensive and intense debate, however very little has been focused on Nigeria. The thesis demonstrates, despite the fact that the Nigerian intellectual property laws have not been reviewed since Nigeria s adoption of the TRIPS Agreement, that the laws are mostly compliant and capable of being adapted to encourage the vital spheres. However, it is noted in this study that the flexibilities provided in the TRIPS Agreement are glaringly absent but are needed to tolerate and sustain a beneficial response to the queries on the impact of the TRIPS Agreement and its implication for intellectual property in Nigeria. The challenges facing intellectual property from a legal, educational and developmental perspective were highlighted as having a great effect on the growth of intellectual property. The thesis concludes that although the present legal framework provides a measure of compliance, the benefit of a reformed legal frame work to Nigeria cannot be overstated.