An investigation of international legal disputes over intellectual property rights: A case study of TRIPS in Kaduna State
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Background of the Study
The protection of intellectual property rights (IPRs) is fundamental to fostering innovation and economic growth. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) establishes global standards for IPR protection and dispute resolution, affecting both developed and emerging economies (Garcia, 2023; Lee, 2024). In Kaduna State, TRIPS-related legal disputes have highlighted the challenges of balancing innovation incentives with public access to technology and knowledge. The enforcement of TRIPS provisions requires robust legal frameworks, effective judicial processes, and international cooperation. However, disparities in legal capacity, regulatory environments, and technological infrastructures can lead to conflicts and hinder the protection of IPRs. This study examines how international legal disputes over intellectual property rights are managed in Kaduna State under the TRIPS framework. It analyzes case studies of litigation, policy responses, and the effectiveness of dispute settlement mechanisms to understand the broader implications for national innovation and economic development (Garcia, 2023; Lee, 2024).
Statement of the problem
Despite the establishment of TRIPS to standardize IPR protection, Kaduna State faces ongoing legal disputes that undermine innovation and access to technology. Inadequate legal infrastructure and inconsistent enforcement have led to protracted disputes that delay market entry and discourage investment. These challenges highlight the gap between international legal standards and their implementation at the local level. This study aims to identify the factors contributing to these disputes and propose strategies for more effective IPR enforcement (Garcia, 2023; Lee, 2024).
Objectives of the Study
To analyze the impact of TRIPS on intellectual property disputes in Kaduna State.
To identify the challenges in enforcing TRIPS provisions locally.
To propose measures for improving IPR protection and dispute resolution.
Research questions
How does the TRIPS agreement influence IPR disputes in Kaduna State?
What challenges impede effective enforcement of TRIPS at the local level?
What strategies can enhance the resolution of intellectual property disputes?
Significance of the Study
This study is significant as it evaluates the effectiveness of international legal frameworks in resolving IPR disputes. The findings will guide legal reforms and policy measures that support innovation and protect intellectual property in Kaduna State (Lee, 2024).
Scope and Limitations of the Study
The study is limited to examining international legal disputes under the TRIPS framework in Kaduna State. It does not address other aspects of intellectual property law or disputes in different regions.
Definitions of terms
Intellectual property rights (IPRs): Legal rights protecting creative works and innovations.
TRIPS: The Agreement on Trade-Related Aspects of Intellectual Property Rights, which sets global IPR standards.
Dispute resolution: The process of resolving legal conflicts through judicial or arbitration mechanisms.
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