Enforcing Intellectual Property Rights in Nigerian Courts
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Nkem Itanyi
Abstract
There is no point in making comprehensive provisions for the protection of various intellectual property rights without also providing a corresponding comprehensive system for enforcing the same when the rights are or about to be infringed. Therefore, an accessible, sufficient and adequate system/procedure is paramount in any worthwhile intellectual property system. Right holders must be granted means to enforce their rights just as is obtainable in other forms of tangible and intangible properties. To this end, all intellectual property systems need an effective judicial system that is empowered to deal with both civil wrongs and criminal offences while being presided over by adequate number of judges with the requisite experience in intellectual property law. This paper therefore examines: the raison-d’être for protecting intellectual property rights; the various enforcement mechanisms via the courts; sanctions and remedies for infringement of intellectual property rights amongst other incidental matters. The paper concludes with a call for the review of the sanctions for infringing intellectual property rights.
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© 2018 Law and Development Review
Articles in the same Issue
- Frontmatter
- Introduction
- Mapping Law and Development from African Perspectives: An Overview
- Legal Pluralism and Effective Governance for Development in Africa
- The African Union Agenda 2063 and the Imperative of Democratic Governance
- Unpacking Legal Pluralism in Commonwealth Africa – Towards Strengthening Methods for Rule of Law Programming for Development
- Demand for Law in the African Private Sector
- OHADA and the Making of Transnational Commercial Law in Africa
- Corruption in Public Procurement in Lesotho
- Law and Industrial Promotion
- Law and Development: Lessons from South Korea
- Has it Reinvented Iron Law? South Africa’s Social Industrialisation, not Iron Industrialisation
- Law–Finance–Growth Nexus in the Context of Africa
- Inclusive Industrialization: The Interplay Between Investment Incentives and SME Promotion Policies in Sub-Saharan Africa
- Intellectual Property Rights for Development
- The Creative Industry and South African Intellectual Property Law
- Digital Rights Management System and Administration: A Wake-up Call for Nigeria!
- Enforcing Intellectual Property Rights in Nigerian Courts
- Poverty and Sustainable Development
- De-Growth and Sustainable Development: Rethinking Human Rights Law and Poverty Alleviation
- Macro Aid: Applying Microcredit’s Group Liability Principle to Foreign Aid
- Law as a Tool for Ensuring Contributions of Small-Scale Women Farmers to Food Security in Nigeria
- Law and Natural Resources
- The Protection and Promotion of a People’s Right to Mineral Resources in Africa: International and Municipal Perspectives
- Justifying Water Rights in Nigeria: Fiction or Achievable Panacea?
- Three Mining Charters and a Draft: How the Politics and Rhetoric of Development in the South African Mining Sector are Keeping Communities in Poverty
- Addressing Human Rights Concerns in the Extractive Resource Industry in Sub-Saharan Africa using the Lens of Article 46 (C) of the Malabo Protocol
- Wildlife Poaching and Rule of Law in Kenya
- Good Governance and Development in Botswana – The Democracy Conundrum
- Book Review
- Yong-Shik Lee: Reclaiming Development in the World Trading System
Articles in the same Issue
- Frontmatter
- Introduction
- Mapping Law and Development from African Perspectives: An Overview
- Legal Pluralism and Effective Governance for Development in Africa
- The African Union Agenda 2063 and the Imperative of Democratic Governance
- Unpacking Legal Pluralism in Commonwealth Africa – Towards Strengthening Methods for Rule of Law Programming for Development
- Demand for Law in the African Private Sector
- OHADA and the Making of Transnational Commercial Law in Africa
- Corruption in Public Procurement in Lesotho
- Law and Industrial Promotion
- Law and Development: Lessons from South Korea
- Has it Reinvented Iron Law? South Africa’s Social Industrialisation, not Iron Industrialisation
- Law–Finance–Growth Nexus in the Context of Africa
- Inclusive Industrialization: The Interplay Between Investment Incentives and SME Promotion Policies in Sub-Saharan Africa
- Intellectual Property Rights for Development
- The Creative Industry and South African Intellectual Property Law
- Digital Rights Management System and Administration: A Wake-up Call for Nigeria!
- Enforcing Intellectual Property Rights in Nigerian Courts
- Poverty and Sustainable Development
- De-Growth and Sustainable Development: Rethinking Human Rights Law and Poverty Alleviation
- Macro Aid: Applying Microcredit’s Group Liability Principle to Foreign Aid
- Law as a Tool for Ensuring Contributions of Small-Scale Women Farmers to Food Security in Nigeria
- Law and Natural Resources
- The Protection and Promotion of a People’s Right to Mineral Resources in Africa: International and Municipal Perspectives
- Justifying Water Rights in Nigeria: Fiction or Achievable Panacea?
- Three Mining Charters and a Draft: How the Politics and Rhetoric of Development in the South African Mining Sector are Keeping Communities in Poverty
- Addressing Human Rights Concerns in the Extractive Resource Industry in Sub-Saharan Africa using the Lens of Article 46 (C) of the Malabo Protocol
- Wildlife Poaching and Rule of Law in Kenya
- Good Governance and Development in Botswana – The Democracy Conundrum
- Book Review
- Yong-Shik Lee: Reclaiming Development in the World Trading System
