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Rethinking Non-Patentable Inventions under Nigerian Law: The Economic Development Approach
0₦2,500.00Dr Gwom Gwom of the Department of Public and International Law, University of Abuja Nigeria in his article, Rethinking Non-Patentable Inventions under Nigerian Law: The Economic Development Approach, reviews the legal and regulatory regime of Patents in Nigeria. He examines the criteria for patentability of an invention; inquire into the suitability or otherwise of patentable and non-patentable inventions in the Nigerian Patent System; posit that there are still lingering questions with respect to the criteria for granting patentable rights which require answers that can be beneficial for national and economic development; and conclude that legislative changes are necessary in order to accommodate more inventions that are important to the health of the nation’s economy.
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Locus Standi in Copyright Collective Management in Nigeria: A Review of Musical Copyright Society of Nigeria v Adeokin Records
0₦2,500.00Ridwan Ajetunmobi, Research Fellow at the Nigerian Institute of Advanced Legal Studies Abuja Nigeria, in Locus Standi in Copyright Collective Management in Nigeria: A Review of Musical Copyright Society of Nigeria v Adeokin Records, examines the Supreme Court decision in Adeokin against the background of the amendments to the Copyright Act in 1992 and 1999 with regard to whether the right of action in copyright infringement is exclusive to collecting societies or is available to an owner, assignee or licensee of copyrighted works.
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Artiste Rights Management in Nigeria – Putting A Label on Competing Claims
0₦2,500.00Aso Etea, Partner, Calmhill Partners, Lagos Nigeria in his article, Artiste Rights Management in Nigeria – Putting A Label on Competing Claims, reflects on the state of, and issues besetting, the creative industry in Nigeria. He graphically depicts ‘the making and breaking of careers’ of some artistes and what they ought to have done better. Aso examines the critical terms to be negotiated under any management or recording deal, intellectual property rights available under such contracts, and available recourse when the rights are infringed. He proposes an improved dispute resolution system for media and Intellectual Property (IP) related cases for faster evolution of the industry.
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Genericide: A Threat to Dominant Trademarks
0₦2,500.00Simeon Okoduwa and Somtochi Unachukwu of Alliance Law Firm, Lagos Nigeria in their article, Genericide: A Threat to Dominant Trademarks, discuss the generification of trademarks as a result of the loss of distinctiveness. They suggest insightful guidelines that may be observed by trademark owners to stem a painful slide into genericide.
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An Examination of the Liability of Proprietors of E-Commerce Sites for Trademark Infringement
0₦2,500.00Christian Aniukwu of Aluko and Oyebode, in his article An Examination of the Liability of Proprietors of Ecommerce Sites for Trademark Infringement, reflects on the emergence of eCommerce, including its convenience and attractiveness, but points to the likelihood of trademark infringement on eCommerce sites which may go without any liability due to the difficulty in tracing perpetrators. He argues that the proprietors of eCommerce sites in some circumstances should be held responsible for trademark infringement on their sites rather than being allowed to avoid liability under the safe habour principle. He discusses practical steps that may be employed in fighting online counterfeiting of brands.
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Understanding and Promoting Web Blocking Injunctions in Nigeria
0₦2,500.00Dr Ayodele Adewole of the University of Jos Nigeria,and Onjefu Ochai of the National Film Corporation Jos Nigeria, in their article, Understanding and Promoting Web Blocking Injunctions in Nigeria, observe that the internet has brought about a new paradigm in infringement of intellectual property rights. Online piracy and counterfeiting are the new frontiers as far as the violation of intellectual property is concerned. The traditional method of dealing with online infringement of intellectual property was ‘Notice and Take Down,’ but presently web blocking injunctions are in extensive use in Europe, the United Kingdom and a few other countries where the jurisprudence around web blocking injunctions has been well developed. They observe that the incorporation of measures to deal with online piracy and counterfeiting in Nigeria is long overdue, and web blocking injunctions are the favoured means of achieving this. They recommend reform of Nigerian copyright laws in line with the UK law which has greatly evolved over the course of time.
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To Deal or not to Deal: Practical Issues in Negotiation of Music Recording Contracts in Nigeria
0₦2,500.00Simeon Okoduwa and Onye Rumuna of Alliance Law Firm, Lagos Nigeria in their article, To Deal or Not to Deal: Practical Issues in Negotiation of Music Recording Contracts in Nigeria, reflect that typically, a young and inexperienced artiste, buoyed by the promise of fame and riches, pays little attention to the finer details of a recording contract before execution, which terms could then prove unfavourable in the long term owing to the restrictive nature of the contract. Okoduwa and Rumuna provide clarity on the significant protective terms that recording contracts should contain and what remedies may be available to unsuspecting victims of onerous contracts. They propose a model for how a burgeoning recording artiste should best manage a career in the Nigerian music industry.
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Domain Names and Cybersquatting: Implications for Trademarks in Nigeria
0₦2,500.00Joseph Onele, Partner Primus Grace LP and Emmanuela Onyilofor, Graduate Student at the Institute of International and Development Studies Geneva, in their article, Domain Names and Cybersquatting: Implications for Trademarks in Nigeria, examine the regulation of domain names and the concept of cybersquatting in Nigerian law. They consider the appropriateness of instituting an action for trademark infringement or passing off in the event of a dispute arising from the use of domain names, the criminalisation of cybersquatting as well as the civil remedies available for cybersquatting in Nigeria.
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Issues and Perspectives on Collecting Societies and the Management of Musical Works and Sound Recordings in Nigeria
0₦2,500.00John Onyido, Benedict Oregbemhe, and Yetunde Okojie, Partner and Associates respectively at SPA Ajibade & Co. in their article, Issues and Perspectives on Collecting Societies and the Management of Musical Works and Sound Recordings in Nigeria, note that the management and exploitation of copyrighted materials through the mechanism of collecting societies is a convenient structure that facilitates the utilisation of musical works and sound recordings by potential users. Using the Copyright Society of Nigeria v MTN Nigeria Communications Limited as a signpost, Onyido et al consider pertinent issues relating to artistes’ relationship with collecting societies including whether original copyright owners can license their work directly without involving their collecting society; whether collecting society can institute an action without joining a member whose work was infringed; and whether a collecting society can claim royalties on behalf of non-members.
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Legal Protection of Plant Varieties and Breeders’ Rights in Nigeria
0₦2,500.00Dr. Christopher Ilori of the Department of Crop Protection and Environmental Biology, University of Ibadan, and Dr. Afolasade Adewumi of the Department of Jurisprudence & International Law, University of Ibadan in their article, Legal Protection of Plant Varieties and Breeders’ Rights in Nigeria consider Intellectual Property Rights in the context of protection of plant varieties and breeders’ inventions. They analyse the nature and the need to protect plant varieties, the Nigerian and international legal regimes for the protection of plant varieties and breeders’ rights including a discussion of plant varieties protection under the Agreement on Trade-Related Aspects of Intellectual Property Rights, TRIPs.
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An Examination of Neighbouring Rights in Nigeria
0₦2,500.00Regina Onwumere of the law firm of Aluko & Oyebode in An Examination of Neighbouring Rights in Nigeria notes that intellectual property law has proved to be a useful tool for the transmission and management of traditional cultural expressions and cultural heritage protecting it from unauthorised use, reproduction, misappropriation and other forms of dishonest exploitation. She explains the concept of Neighbouring Rights and its value as a framework for safeguarding cultural rights from abusive exploitation. She considers the legal framework for protection and enforcement of Neighbouring Rights in Nigeria.
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Expanding the Frontiers of Nigerian Copyright Laws in the Age of Social Media
0₦2,500.00Nkem Itanyi, Lecturer, Department of Commercial and Corporate Law, University of Nigeria, Nsukka and Chinelo Ngwu, Associate, Olaniwun Ajayi LP in their article, “Expanding the Frontiers of Nigerian Copyright Laws in the Age of Social Media, note that though social media promotes intellectual creativity, and is a minefield of ideas which can be deployed into important works, works in the digital formal may or may not be protected under the Nigerian Copyright Act. As the fixation concept has become obsolete with technology, it becomes difficult to sustain as a pre-requisite for the qualification of a creation as a copyright work since intangibility and a transitory nature are common features of works placed on the internet. To cope with new infringement mechanisms in the digital era and conflict of law problems, it may be necessary to fix certain duties, such as duty to give notice of illegal activities, and duty of identification of infringers, on online service providers just like other countries have done.
