The World Intellectual Property Organization (WIPO) defines Intellectual Property (IP) as creations of the mind, encompassing inventions, literary and artistic works, designs, and symbols used in commerce. In Nigeria, Intellectual Property rights are primarily governed and protected by three key legislations: the Copyright Act, the Patents and Designs Act, and the Trade Marks Act. Each of these acts focuses on safeguarding specific aspects of intellectual creations, from artistic works to inventions and distinctive marks for product identification.
Recent developments in the Intellectual Property landscape in Nigeria have significant implications for creators, IP rights owners, and various stakeholders. One notable development is the enactment of the Copyright Bill 2022, now known as the Copyright Act.
The Copyright Act of 2022: Key Provisions and Impact
Former President Muhammadu Buhari signed the Copyright Bill 2022 into law on March 17, 2023. The Act is designed to protect the rights of authors, ensuring due recognition and reward for their intellectual contributions. It aims to provide reasonable limitations and exceptions to guarantee access to creative works, align Nigeria with international treaty obligations, and enhance the regulatory capacity of the Nigerian Copyright Commission (NCC).
The Act replaces the previous Copyright Act of 1988 and introduces mechanisms for protecting new mediums of creative expression arising from technological advancements. Key provisions include:
- Eligibility for Copyright: The Act outlines various works eligible for copyright protection, including literary works, musical works, artistic works, audiovisual works, sound recordings, and broadcasts. These works must be fixed in any medium and reproduced or communicated directly or with the aid of any machine or device.
- Performer’s Rights: The Act introduces economic and moral rights for performers in line with the Beijing Treaty on Audiovisuals and Performances. It emphasizes the need for adequate protection of performances, both fixed and unfixed, and ensures appropriate remuneration for performers.
These developments signify a progressive approach to intellectual property protection in Nigeria, addressing the challenges posed by technological advancements and providing a robust framework for the recognition and safeguarding of creative endeavors.
