ANALYSIS OF THE LEGAL REGIME FOR THE PROTECTION OF PATENT AND INDUSTRIAL DESIGNS IN NIGERIA
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ABSTRACT
This study analysed the legal regime for the protection of patent and Industrial Designs in Nigeria with the view to identifying the challenges hindering the effective protection of the subject matter. The global community has benefited from various forms of intellectual property which have not only ensured economic growth and development but have also led to improved standard of living, employment creation and high generation of revenue for the government. Patents and industrial designs are forms of intellectual property which have been exploited by countries of the world to achieve economic and social boost and to solve problems in various sector of national life such as defence, education, and health. As a result of the importance of patent and industrial design, countries have long been setting up appropriate systems and Legal framework to achieve this. Nigeria as a developing country is not left out in this global efforts. Thus, this dissertation through doctrinal and empirical approach of research carried out an in-depth analysis of patent and industrial design in Nigeria with special focus on the legal and institutional frameworks for the protection of patents and industrial designs in Nigeria. The origin of patent and industrial design rights in Nigeria was traced, the applicable laws analysed, and remedies, defences, administration, jurisdiction and the challenges identified, findings which include that law regulating patent and industrial designs in Nigeria are inadequate. Consequent upon the foregoing, the research found that there is only one Patents and Industrial Designs registry in the whole of Nigeria which is situated in Abuja. Also, there is low level of public awareness on the generality of patent and industrial designs in Nigeria. Amongst others, this dissertation recommends that there is an exigent need to review the existing legal framework on the subject matter increasing the level of awareness and establishing more patent and industrial designs institutions in Nigeria.
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