ASSESSING THE EFFICACY OF THE INDUSTRIAL DESIGN PROTECTION SYSTEM IN NIGERIA: THE NEED FOR LEGAL REFORMS

Abstract

The current industrial design protection system in Nigeria faces several challenges that undermine its effectiveness in safeguarding the rights of designers and promoting innovation. This paper critically examines the existing legal framework, identifies key issues, and proposes necessary reforms to strengthen industrial design protection in the country. The study finds that the Patents and Designs Act Cap. P2 Laws of the Federation of Nigeria 2004, which governs industrial design protection, has several limitations. These include a narrow definition of protectable designs and its element that is whether it is new or contrary to public order and morality. The registration process is also cumbersome and enforcement is also a limitation of industrial design protection. Moreover, there is a general lack of awareness among designers and the public about the importance of industrial design protection and the available legal remedies. This, coupled with the high costs of registration and enforcement, has led to a low utilization of the system. To address these shortcomings, the essay work recommends amending the Patents and Designs Act to expand the scope of protectable designs, simplify the registration process amongst others. By implementing these reforms, Nigeria can create a more robust and inclusive industrial design protection system that fosters creativity, promotes economic growth, and ensures that designers, can fully benefit from their intellectual property rights.

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urn:uuid:b29ccebd-bec7-49f8-adde-e8e488db31ad