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Legal Trends in Intellectual Property Licensing
0John Onyido, Partner, SPA Ajibade & Co in his article, “Legal Trends in Intellectual Property Licensing”observes that the monetisation of intellectual property rights through licensing or through outright transfer for valuable consideration is one of the more important ways in which IP rights holders derive significant benefits from their creative. John reviews the various forms of IP licensing, assignments, some rudimentary clauses in licensing transactions, the limits/boundaries of licensing, implied licenses, exhaustion of IP rights, the first sale doctrine and the role of standards in licensing transactions, among others. He considers select local and foreign judicial authorities on the scope and efficacy of the licensing process while providing valuable guidance on how to more effectively structure the operative terms of a licensing agreement in order to accomplish the objectives of the parties.
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Copyright Choice of Law and Jurisdiction in the Digital Age
0David Ike of the Imo State University in his article, “Copyright: Choice of Law and Jurisdiction in The Digital Age”, argues that the internet is a legal and jurisdictional “no-man’s land”. He reviews international conventions and treaties on copyright disputes, and concludes that the existing legal framework for deciding jurisdiction and choice of law rules (domestic laws and international instruments on copyright, and private international law rules), are ill-fitted to respond to the needs of copyright infringement on the internet.
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Copyright Piracy in Nigeria: Untying the Gordian Knot
0Geoffrey Adonu, Counsel, Probitas Partners LLP in his article, “Copyright Piracy in Nigeria: Untying the Gordian Knot”, notes that piracy is a monstrous impediment that has stunted the growth of the copyright industry. The consequential effects include loss of investment in the entertainment sector, loss of revenue for authors and the government, and discouragement of creativity. Adonu reviews the state of copyright protection in Nigeria, piracy and infringement of copyright works, and, borrowing from international best practices, the response mechanisms that can be employed in tackling piracy which he likens to the proverbial Gordian knot.
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Analysis of Copyright in Digital Music: Implications for New Media Licensing for Ringtones under the Nigerian Copyright Act
0Professor Adebambo Adewopo of the Nigerian Institute of Advanced Legal Studies and Partner, L & A Legal Consultants, in his article “Analysis of Copyright in Digital Music: Implications for New Media Licensing for Ringtones Under the Nigerian Copyright Act” provides a seminal exposition of the intersection of copyright law and entertainment, media and telecommunication industries in Nigeria, addressing the most contested and recondite issue in those industries at the moment. The article interrogates the far-reaching implication of digital exploitation of ring tunes under the Nigerian Copyright Act; deconstructs the framework of copyright protection of digital music; considers the copyright rules for qualification, use and infringement of work, and application to digital music in ringtones; examines issues relating to the key rights and collective management in the digital media under the extant Copyright Act and discusses insights that should shape the practice of new media licensing that is ultimately of great interest to practitioners in the creative economy.
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Patenting Computer Programs under Nigerian Law
0In the wake of the increasing number of Nigerian innovators engaged in the development of computer software, websites and programs like Wakanow, Baxi Box, Paystack, BudgIT, and Eyowo, Chidubem Okoye, Associate at Olaniwun Ajayi LP in his article “Patenting Computer Programs Under Nigerian Law” considers the patentability of computer programs in Nigeria and the state of the law in US and Europe.
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Integrating Intellectual Property Rights in Regional Economic Transactions: A Global Outlook
0Professor Peter Ocheme of the Department of Public Law, Faculty of Law, Benue State University, Makurdi in his article, “Integrating Intellectual Property Rights in Regional Economic Transactions: A Global Outlook” examines African, European, American and Asian efforts at integrating intellectual property rights in regional economic transactions and the varying levels of success. He notes that while significant engagements of the Asian and European regional blocs have been developed for their intellectual property trades across the globe, there is little or nothing beyond national laws and efforts at integrating intellectual property issues in African regional trade blocs. He interrogates the concept and relevance of intellectual property rights protocols and agreements to developing countries and contends that they may have sacrificed their individual and collective efforts at the altar of international law and diplomacy.
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The Role of Trade Secrets in the Protection of Intellectual Property Rights
0John Onyido, Partner, SPA Ajibade & Co, in his article “The Role of Trade Secrets in the Protection of Intellectual Property Rights” explores the seldom walked path of Trade Secrets in the protection of intellectual property. He bemoans the absence of a Trade Secrets law in Nigeria despite the fact that, in the word of Karl Jorda, “…trade secrets cover over 90% of all new technology; and over 80% of all license and technology transfer agreements cover trade secrets or constitute hybrid agreements relating to patents and trade secrets”.
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Role of the Court in the Interpretation and Development of Intellectual Property Law: The Nigerian Experience
0Adebambo Adewopo, Professor of Intellectual Property Law, Nigerian Institute of Advanced Legal Studies, in an insightful tour de force explores the historical development of intellectual property law in Nigeria in “Role of the Court in the Interpretation and Development of Intellectual Property Law: The Nigerian Experience”.