Challenges of trademark protection laws to the Nigerian economy

Abstract

Trademark registration/licensing has proved to be an important aspect of Nigeria’s economy. With registration, registered proprietors of trademarks are conferred with some protection enabling them to enjoy exclusive rights over their intellectual property. Unfortunately, globalization and technological advancement have exposed the gaps in the Nigerian Trademark Act with serious impact on the Nigerian economy. Relying on doctrinal method of legal research, including the Constitution of the Federal Republic of Nigeria 1999 (as amended), Trademark Act, 1965, case-law, legal text books, and journal articles, the paper appraised the challenges of trademark protections laws to the Nigerian economy. The paper employed analytical approach to elucidate the data collected from these sources. The paper found that the Trademark Act 1965 is too archaic and fails to recognize certain categories of marks such as service marks; and other categories of trademark infringements such as counterfeit of domain names, also requiring protection under the law. With these gaps, foreign investors and trademark owners have suffered losses from trademarks counterfeiting. On the other hand, Nigeria also suffers loss of revenues as foreign investors are discouraged from investing in Nigeria; and the teeming employees of these businesses also lose their jobs. To address these challenges, the paper recommended the review of the Trade Marks Act of 1965 to incorporate service marks and domain name. The paper also recommended the domestication of the relevant international treaties/conventions to which Nigeria is a State party. It is rather hoped that the amendment of the Trademarks Act of 1965 would strengthen the protection of trademarks Nigeria thereby improving Nigeria’s economy.