The WTO-TRIPS agreement and intellectual property rights enforcement in Nigeria

Abstract

Nigeria is regarded as one of the “piracy capitals” of the world due to the massive volume of piracy and counterfeiting in the pharmaceutical, ICT, manufacturing, entertainment and other industries. The informal structure of the economy, the massive unemployment which promotes criminality, the general lack of awareness and unwillingness of most IP owners to enforce their rights when infringed has fomented an IP infringement culture. There is a steep divide between the provisions of various IPR protection instruments which substantially comply with the WTO-TRIPS Agreement and the actual enforcement of these rights. The laws require only minimal upgrade but the intelligence, assets and systems for IPR enforcement must be radically improved if the country is to maximize the awesome potential of creative Nigerians. This paper examines the emergence of the WTO and the provisions of the TRIPS Agreement on the international enforcements of IPR’s, the legal and institutional framework in Nigeria for the enforcement of TRIPS in Nigerian jurisprudence. The doctrinal legal methodology was employed to evaluate the level of compliance with the TRIPS Agreement. Legislative, policy and practice recommendations were proffered to strengthen the IPR enforcement mechanism for sustainable national economic development.

Key Words: WTO-Trips, Intellectual Property Rights, Piracy and Counterfeiting, IP Enforcement Measures, IP Regulatory Agencies, Economic Development