AN OVERVIEW OF INTELLECTUAL PROPERTY AND ITS LEGAL FRAMEWORK IN NIGERIA

OKEKE Darlington Uche

Abstract


An understanding of these three distinct themes will help to better or aid ones understanding of the operational framework of this interesting contemporary area of Law. On the one breath, we have ‘Intellectual Property (IP)’which is perceived as a set of intangible assets owned and legally protected. Intangible assets are inventions of the mind, innovations, literary and artistic work, symbols, names, and images used in commerce. On another breath, we have ‘Intellectual property rights (IPR)’ which is any and all rights associated with intangible assets owned by a person or company and protected against use without consent. Then on the last breath, we have the Intellectual Property Laws (IPL) in other words the legal frameworks or the legal parameters within which Intellectual property functions. The above three themes are the core of this area of law. The originality and ownership of intangible assets needs and requires protection; therefore, this paper explored the Meaning, Nature, Scope and Legal frameworks of IP in Nigeria, and found that this often ignored area of law needs to be developed in Nigeria due to the alarming low level of jurisprudence developed in it thus far compared to other areas of law despite its contemporary nature. The recommendations made will help to cushion its developmental process. We employed doctrinal method to compose the descriptive and detailed analysis of legal rules therein. The work is divided into sections of eight (8) sub-main titles.

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