A Review of Intellectual Property Protection of the Fashion Industry in Nigeria

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ABSTRACT

A Review of Intellectual Property Protection of the Fashion Industry in Nigeria

Adeyemi Oluwadamilare* Motunrayo Ibironke Joseph-Hunvenu** & Adeyemi Olutosin Babajide***

The Fashion industry is a universal and highly developed, booming sector. However, Nigeria does not rigorously protect it. The global fashion industry depends heavily on wearable technology, beauty, style, and aesthetics. The global fashion industry is seeing substantial expansion as a result of the information age, digital technologies, and the Internet. Intellectual property rights (IPRs), which are legal rights deriving from intellectual activity, can be used to safeguard many innovations. Even though intellectual property (IP) is still a huge asset in the fashion industry, counterfeiting and piracy (C & P) are still accepted and openly permitted Using the doctrinal approach, this paper examines the protection of intellectual property rights for the fashion industry in Nigeria This paper also finds that Nigeria lacks a thorough legal system that is tailored specifically to the fashion industry. Since there is no special law safeguarding fashion labels, recourse must be made to the general protection provided by the country’s current intellectual property laws. This paper recommends that Nigeria has to start taking the required actions to safeguard the intellectual property rights (IPRs) of those who participate in the fashion sector. It could accomplish this by ratifying and domesticating the international agreements that safeguard these rights and by passing or amending laws to make up for any shortcomings that may be present at the moment.

Keywords: Fashion, Intellectual Property, Nigeria.

INTRODUCTION
The fashion sector has experienced a drive like no other in recent years. Fashion is an artistic form of representation that involves more than just clothes, jewels, and shoes. Parts of fashion are protected under the regime of intellectual property rights,₁ just like other intellectual outputs. According to the World Intellectual Property Organisation (WIPO), the reason for “Fashion” protection is found in the fundamental concept of Intellectual Property, as “Intellectual property refers to creations of the mind: inventions; literary and artistic works; and symbols, names and images used in commerce.”₂

*Adeyemi Oluwadamilare (Mrs), LL.B (OAU), LLM (U.I), B.L, PhD (In view) Lecturer, Faculty of Law, Adeleke University, Ede.
** Motunrayo Ibironke Joseph-Hunvenu (Mrs), LL.B, LLM, B.L, PhD (In view) Lecturer, Faculty of Law, Lagos State University, Ojo.
*** Adeyemi Olutosin Babajide, LL.B (Hons) OAU, LL.M (In view).

1. Chakshu Singh, ‘Role of Intellectual Property Rights in Fashion Industry’(2021)(Ii)(Iii) Lexforti Legal Journal accessed 20 March 2023.
2. World Intellectual Property Organisation, ‘What is intellectual Property?’(2020) accessed 24 March 2023.

THE GRAVITAS REVIEW OF BUSINESS & PROPERTY LAW Vol.14 No.3