Navigating And Safeguarding Trademark And Copyright Systems In Nigeria By Oluwafunmibi Grace Ajakaye

Intellectual Property Rights (IPRs)
These are widely recognized as essential tools for innovation, creativity, and economic growth and competitiveness. However, in Nigeria, the IP system does not operate continuously in a way that effectively supports local innovators, small and medium-sized enterprises (SMEs), or the broader goals of sustainable development. Reforms are necessary—both to align current national IP laws with international obligations and to adapt them to local realities, regarding innovation, creativity, knowledge, and institutional capacity.

Trademark & Copyright
These are the two most common pillars of IP. These two protect brand identity and creative works, respectively. These pillars are still facing infringement today, which includes digital technologies, piracy, informal creative sectors, and weak enforcement, revealing significant gaps.

Trademark Issues
The current state of trademarks in Nigeria faces numerous challenges, from protecting and registering trademarks to enforcing laws and addressing violations within the country’s legal system. Nigeria attracts many businesses from across the continent and beyond. Often, business owners ask, “Will my brand be protected?” or “How would the IP laws in Nigeria protect my brand against infringement?” “What are the penalties for persons who infringe my IP rights?”

Most of the time, brand owners are left disappointed and helpless, as existing laws are fragile and do not guarantee a safe remedy when instances of trademark infringement occur.

If the trademark policies, legal framework, and institutional capacity receive the utmost and necessary attention, the trademark systems in Nigeria would experience greater advantages, such as better competitiveness and increased business opportunities.

The legal system must crack down on the fraudulent registration of trademarks by third parties and on registering trademarks under improper circumstances, such as deceptive or misleading content or bad-faith filings. The Nigerian Trademark Registries must ensure that fraudulent trademarks are not enforced within the country. There should be ongoing monitoring, due diligence, and enforcement to combat infringement, helping brands reduce these risks.

Copyright Issues
The Nigerian Copyright Commission (NCC) is in charge of safeguarding a creator’s exclusive rights and preventing unauthorized use of their work. Copyright infringement remains one of the primary issues in the intellectual property field. When a work is copyrighted, it indicates that the creator holds the exclusive rights to control how the work is copied, distributed, performed, and adapted.

Copyright protects original works of authorship, such as books, music, art, and software. It aims to encourage the creation and distribution of new works by granting creators economic incentives and control over their intellectual property.

Nigeria is a promising nation with many creative individuals, especially in the entertainment industry, including arts and music. There is no doubt that these contributions have put the country on the global stage. Although this recognition is impressive, there is an ongoing need to educate Nigerian creatives about vices such as theft and other forms of copyright infringement. Despite existing enforcement laws and protections, more efforts are necessary to effectively safeguard these rights and combat vices like piracy. For example, producers in Nigeria often complain about movie piracy, which discourages both creatives and entrepreneurs from investing in the film industry. Therefore, it is urgent to prioritize copyright protection in Nigeria.

Conclusion
As the popular saying goes, “Ideas rule the world.” The creation of various tangible materials capable of generating wealth can be traced back to the creativity and innovation of individuals or groups who think outside the box and dare to be original. The impressive works and wonders we see today, the beautiful and inspiring expressions we admire, and the remarkable inventions we celebrate are all products of human intellect used effectively. Furthermore, the importance of intellectual property cannot be overemphasized.