Description
ABSTRACT
Patenting Computer Programs under Nigerian Law
Chidubem Okoye*
In the wake of global recognition of the endeavours and innovations of Nigerian technopreneurs – typified by the recent visit of billionaire programmer and internet entrepreneur, Mark Zuckerberg to Nigeria, it is discernable, from prudent forecast, that Nigeria’s technology industry is fated for a boom in commercial activities. Thus, it is apposite to identify intellectual property rights which vest in, and are capable of being exploited by technopreneurs under Nigerian law, as the impending boom will be focused on the commercialization of these rights. Against this backdrop, this paper considers the legal protection accorded computer programs in Nigeria; particularly examining whether computer programs can be protected by patents under Nigerian law. The paper discusses the lax regime of patentability of inventions and how this impacts the patenting of computer programs in Nigeria. The paper also highlights the legal position on patenting computer programs in the United Kingdom, the United States of America and Europe, and argues against the applicability of the position in these jurisdictions to Nigeria. An effort to reform the state of the law on intellectual property in Nigeria is also recognized, and the relevant provisions of the draft bill are considered to determine if a significant departure from the current state of play is in the offing. The paper concludes with the author’s viewpoint on the patentability of computer programs and recommendations for the ongoing intellectual property law reform.
INTRODUCTION
Over the last decade, computer technology has become a mainstay in Nigeria’s socio-economic space, permeating all sectors of the economy from banking, electricity, oil and gas, health, transportation and telecommunication sectors to education, media and entertainment sectors. Almost every sphere of human activity in Nigeria has been influenced, and revolutionised by computer technology.1 As computer technology continues to gain ground in Nigeria, a shift from being mere consumers of computer technology to being active players in the computer technology industry is being experienced. This move is characterised by the presence of silicon valley-esque entities, popularly called incubators, such as Co-Creation Hub, 440ng and iDEA in Nigeria as well as the increasing number of Nigerian innovators engaged in the development of computer software, websites, and other computer related inventions. Wakanow, Baxi Box, Paystack, BudgIT, and Eyowo, to name a few, are among the numerous computer programs developed by Nigerians.
* LL.B, BL. Associate, Olaniwun Ajayi LP
- Technology has pioneered activities such as online banking, online studying, online shopping, online sale and procurement of services in Nigeria
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