1st Edition

Nigerian Intellectual Property Law Reform and Development

Edited By Ayoyemi Lawal-Arowolo, Kunle Ola Copyright 2022
    280 Pages
    by Routledge

    280 Pages
    by Routledge

    This book reflects on the development of Nigeria’s intellectual property law and outlines the urgent need for reform.

    Bringing together expert contributors from around the world, the book identifies and discusses the inadequacies and lacunas in current intellectual property law, and how it is practiced and applied in Nigeria. The book argues that the revision and reform of Nigeria’s intellectual property law will be vital for the country’s development and national interests, whilst also recognising that Nigeria’s legal provisions must sit within a broader global context. Divided into three parts, the book discusses patents, trademarks, and copyright in the context of broad overarching themes affecting all aspects of intellectual property law.

    Honouring Professor Adebambo Adewopo SAN, the pioneering thinker in Nigerian intellectual property law, this book will be an important resource for researchers working on African Law.


         Foreword by Chidi Oguamanam

         Introduction: Nigerian IP Experience: Past and Present

         Ayoyemi Lawal-Arowolo and Kunle Ola

         Part I: Patents

    1. Patent Licensing Contracts under Nigerian and US Law: The Operation of Exhaustion Doctrine in Nigeria
    2. Olasupo Owoeye and Faith Aboyeji

    3. The Patent System and Access to Essential Medicine (HIV and Cancer) in Nigeria: Overcoming the Challenges of Unsustainable Donor Funding and Impaired Access
    4. Amarachi Chizaram Okonkoh

    5. Rethinking the Patents and Designs Act in the Era of Genomic Research
    6. Olumayowa O. Adesanya

    7. Law Reform and Employee-Invention Patents in Nigeria: A Cue from the United Kingdom
    8. Ayodele A. Adewole

    9. Traditional Knowledge on the Medicinal Uses of Plants (TKMUP) in Nigeria: Whither the Patent System in COVID 19 Pandemic
    10. Emeka Polycarp Amechi and Jane Ezirigwe

      Part II: Trademarks

    11. Two Strings on a Bow: Scope of Registrable Trademarks from the Era of Traditional Knowledge to Digital Technology in Nigeria (Pre and Post 1965)
    12. Ayoyemi Lawal-Arowolo

    13. Registration of Domain Name as Trademarks in Nigeria: Panacea to Cybersquatting                                                                                                                                                                                                                                                                                                                                           Somto David Ojukwu
    14. Trademark in The Digital Age in Nigeria
    15. Ifeoma Anne Oluwasemilore

      Part III: Copyright

    16. The Quagmire of Open Access: Availability, Accessibility, and Impact
    17. Kunle Ola

    18. Evolution of Digital Performance and The Rights in Performances
    19. Dorcas A. Odunaike and Oluwatobiloba O. Olanrewaju

    20. Non-consensual Pornography in Nigeria and the Copyright Law
    21. Ifeoluwa A. Olubiyi and Faith K. Bamidele

    22. Intellectual Property Law and the Protection of Creative MSMEs in the Digital Economy of Nigeria: Leveraging AfCFTA
    23. Helen Chuma-Okoro and Omolara 'Bisi Olabanji 

    24. Registration of Copyright Works in Nigeria from the Prism of TV XTRA Productions Ltd v National University Commission and Zain Nigeria
    25. Ridwan ‘Lanre Ajetunmobi

    26. Inequality of Bargaining Power between Artistes and Recording Companies: A critical Review of the Case of African Songs Ltd V Sunny Ade
    27. A.A. Adedeji and O. Durotolu

    28. Seeking Protection for use of Images in Commercial Practices in Nigeria: A Pathway to Intellectual Property Reform and Development
    29. Nkem Itanyi and Christian Aniukwu

    30. Intellectual Property Reform in Nigeria

              Bankole Sodipo



    Ayoyemi Lawal-Arowolo is Professor in the Department of Jurisprudence and Public Law, Babcock University School of Law and Security Studies, Nigeria.

    Kunle Ola is a Senior Lecturer at the Thomas More Law School (TMLS), Australian Catholic University.

    "It has been a while now since we first met, and he has done many things since, but I will always think of Prof. Adewopo as "D.G.". Prof. Adebambo Adewopo served as Director General of the Nigerian Copyright Commission for six years, just one of the many respected stops in his distinguished career. For me personally, his able leadership and depth of copyright expertise were surpassed only by his kindness and generosity, making a space for a young foreign law student with big dreams. I learned immensely from him and from the opportunity to work alongside Dr. Yemi Lawal-Arowolo and now D.G. himself, John Asein. It is wonderful to see Prof. Adewopo appropriately honored with this work, to collect together in one volume illustrations of his influence, and to put in place another thread that will continue his inspiration of attorneys and scholars, from copyright experts down to young students with big dreams, both in Nigeria and abroad. Congratulations to Prof. Adewopo and all the contributing authors, and from me personally, Ẹ ṣeun pupọ."

    Aurelia Schultz, Counsel for Policy and International Affairs · U.S. Copyright Office


    "This title, which covers topical issues with an eye to reform, is designed for people interested in a broad range of intellectual property issues across many areas of business, community and government. The book is dedicated to Professor Adebambo Adewopo who has been a leading figure in the development of Nigerian Intellectual Property Law and Policy. He has displayed the unique ability to combine practice of the law, academic research and investigation of the law and policy development in the many significant roles he has held in Nigeria and beyond. Importantly, he has mentored a new generation of IP scholars that are now based around the globe. Many are contributors to this volume of essays published in Honour of Professor Adewopo. He has been an important and influential voice for Nigeria and Africa and is respected at an international level as an expert in his field and distinguished administrator. I trust you will enjoy this Festschrift for Professor Adewopo."

    Brian Fitzgerald, Barrister at Law, Australia


    "This volume in honor of Professor Adebambo Adewopo is a must-read for those interested in contemporary issues in Nigerian Intellectual Property Law. It considers a broad array of issues including patents and designs in relation to Genomic Research; COVID-19, patents and medicinal uses of Plants and the relevance of the AfCFTA to MSMEs."

    Caroline B Ncube, SARChI Research Chair in Intellectual Property, Innovation and Development and Professor, Department of Commercial Law, University of Cape Town, South Africa


    "This book honors the notable contributions of Professor Adewopo to intellectual property law teaching, research, and administration in Nigeria. His contributions have inspired this important work, which gives a good overview of intellectual property issues in Nigerian contexts. This book also provides a needed background for understanding intellectual property legal reform efforts in Nigeria. This book should be required reading for those with an interest in intellectual property law and legal reform in Nigeria."

    Olufunmilayo B. Arewa, Shusterman Professor of Business & Transactional Law, Temple University Beasley School of Law, USA


    "This edited collection is a welcome addition to the emerging school of scholarship on intellectual property law in Nigeria. More importantly, this body of essays in honour of Prof Bambo Adewopo is no less than he deserves. His visionary, collegial, and innovative approach to the teaching, administration, and practice of intellectual property law is amply reflected in the various chapters of this body of work. This volume has blazed the trail in collaborative and synergistic academic interventions on the peculiarities, opportunities and challenges in Nigerian intellectual law and practice. I commend this collection of essays to every student, practitioner and academic."

    Ikechi Mgbeoji, Professor, Osgoode Hall Law School, York University, Canada


    "This publication is an invaluable contribution to the expansion of knowledge in the ever-growing field of IP in Nigeria, Africa and the developing world. It is even more remarkable bearing the honour of a leading figure in IP, Professor Adebambo Adewopo. I have the privilege of working with him at the Nigerian Institute of Advanced Legal Studies (NIALS). An outstanding IP Scholar of repute, he is highly regarded for his role as Director General of the Nigerian Copyright Commission. His idea of introducing a journal of intellectual property at NIALS is a legacy that will endure for many years. Professor Adewopo's scholarship and diverse capacities as policy maker, regulator, legal counsel and de facto leader in facilitating the development of intellectual property are well known and deserving of this publication in his honour."

    Epiphany Azinge SAN, OON, Former Director General, Nigerian Institute of Advanced Legal Studies


    "I have known Professor Adebambo Adewopo for several years, but more intimately during his tenure as Director General, Nigeria Copyright Commission. He is an intellectual property expert of international repute who has contributed immensely to the understanding of intellectual property law and practice in Nigeria through teaching, research and administration. This celebratory book in his honour is a veritable attestation by its various contributors, who have known him over the years and benefitted from his works and experience. The book documents various aspects of intellectual property law, reform and administration in Nigeria. Its content is a valuable contribution to knowledge in general and intellectual property, in particular, world-wide. It is a "must read" and I fully endorse it."

    Johnson A. Ekpere, Former Executive Secretary, Organization of African Unity (now African Union) Scientific, Technical and Research Commission (OAU/STRC), and Retired Professor, University of Ibadan, Ibadan, Nigeria