Protecting Intellectual Property

Tourism •Arts&Culture

The vital task of protecting and promoting Nigerian ideas, culture and innovations for generations to come formed the major thrust of a national intellectual property policy stakeholders’  forum in Abuja, writes Charles Ajunwa

The Federal Ministry of Art, Culture and Creative Economy in collaboration with the Ministry of Industry, Trade, and Investment under the leadership of Hannatu Musa Musawa and Doris Uzoka-Anite, respectively, recently organised a stakeholders’ forum on the National Intellectual Property Policy and Strategy (NIPPS). 

The engagement forum held in Abuja, was attended by officials from the Federal Ministry of Justice, all relevant government agencies, World Intellectual Property Organisation (WIPO), International Finance Corporation (IFC) and other key players from the private sector to ventilate on the NIPPS and come up with final suggestions on how to improve the policy before it’s taken to government for final approval, which will drive its quick implementation in order to protect intellectual property (IP) in Nigeria. 

According to the World Intellectual Property Organisation, intellectual property refers to creations of the mind: innovations; literary and artist intellectual works; and symbols, names, and images in commerce. While intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. 

Today, United States of America is leading in the world in terms of the protection of intellectual property rights (IPR) which she achieved based on proper collection of data and documentations. But Nigeria with its huge talents is unable to protect the intellectual property rights of individuals and entities due to existing obsolete laws. This is what gives impetus to the timeliness of the latest conversations on intellectual property rights in Nigeria powered by ministries of Art, Culture and Creative Economy; and Industry, Trade and Investment. Both ministers had constituted two committees to re-valuate the draft IP policy document in May 2024.

In her welcome address, Musawa said the engagement was the start of the final steps into boosting Nigeria’s National Intellectual Property Policy, adding that ideas are the foundation of human existence. 

“Though they may manifest in different forms and are captured via different means, they are a reflection of the greatness that is within us.

“The protection of ideas, and more importantly the acknowledgment of the significance of ideas to our development is thus paramount.

“The invention of new medicines and seeds, the creation of new industrial processes, the composition of music, the writings of literature, these are all key pillars of society, that make for a richer existence.

“Our cultural and traditional innovations need protection, our foods and produces need documenting and marketing to the benefit of our people.

“We are in the age of ideas. The expression of these ideas continue to create and power great cities around the world, allowing us to be in constant and instant communication, cured a global health pandemic, and won us here in Nigeria positive global recognition and influence across food, music and fashion. We must adequately protect the expression of ideas as well as create the enabling environment for these expressions to grow and bear fruit for us to have the kind of leapfrog growth and development our people need and hope for,” Musawa said.

Musawa also said the, “the administration of President Bola Ahmed Tinubu is focused on promoting and attracting investments and partnerships in and to Nigeria and is keen to create the right framework that encourages ease of doing business, serves the public interest, and help us attract investment into the cultural and creative sectors of the economy.

“As we move forward from today’s engagement, let us do so with a shared understanding that ideas are not just the currency of progress, they are the heart of our future.

“The protection of intellectual property is essential for empowering our creators, safeguarding our cultural heritage, and driving innovation across every sector. Together, we can build a framework that not only protects but also nurtures the unique expressions of our people, ensuring they flourish both locally and on the global stage. This forum marks the beginning of a collective journey to establish a robust Intellectual Property Policy that reflects the spirit of Nigeria’s ingenuity, creativity, and potential.

“Let us continue to work together in this vital task of protecting and promoting Nigerian ideas, culture, and innovations for generations to come.”

On her part, Uzoka-Anite, pointed out that in 2022, a draft National Intellectual Property Policy and Strategy for Nigeria was developed through the collaborative efforts of Nigeria Copyright Commission, Trademark Registry, Patent and Design Registry, and the National Office for Technology Acquisition and Promotion (NOTAP).

“However, since the development of the policy in 2022, it has not been forwarded to the government for consideration. Intellectual property, as you are all aware, is a vast scope that encompasses original human intellect in arts, sciences, technology, and literature.

“It is therefore imperative that the IP Policy receives Government approval. To achieve this objective, I and the Minister of Art, Culture and the Creative Economy constituted two committees to re-valuate the draft IP policy document in May 2024. These are: – the Steering Committee co-chaired by both of us, the two ministers and an Inter-Ministerial Review Committee drawn from 11 relevant MDAs, chaired by the Director Policy, Planning, Research and Statistics of my Ministry.

“Their mandate was to review the draft policy document and incorporate emerging issues that might have occurred in the IP domain after the last review.

“I am pleased to state that the committee worked diligently to complete the assignment within limited time frame. I commend the Committee for this remarkable achievement. Today’s event offers all stakeholders the opportunity to have a final look at the document and make necessary inputs, which will be incorporated before forwarding it to the Government for consideration.”

Uzoka-Anite, who reiterated the need for having an Intellectual Property Policy for Nigeria, which she said, “is crucial for the growth and development of the economy. Specifically, intellectual property statutes offer direction about ownership rights to original invention, innovation, or precious work, as well as the financial risks and benefits connected to any technology’s commercialisation. Your valuable insights as contributors to the initial draft make your participation at this workshop very valuable. 

“I assure you that this Government, under the leadership of President Bola Ahmed Tinubu, is committed to protecting the IP rights of Nigerians. There are concerns that some of the laws governing intellectual property protection in Nigeria, such as Trademark Act and the Patent and Design Act are outdated, dating back to colonial era.

“The Ministry under my leadership is aware of these limitations and is taking necessary steps to review these outdated laws. We are dedicated to carrying out these reviews within the shortest possible time.”

Throwing more light on the stakeholders’s engagement forum, Permanent Secretary Ministry of Industry, Trade and Investment, Amb. Abba Rimi, said intellectual property was a crucial element in a country’s economic development and innovation landscape, noting it is imperative as a country we have a comprehensive and effective policy in place to protect and promote our intellectual assets. 

“This workshop is expected to validate the Review conducted by the Inter-Ministerial Committee established by the Ministers of Industry, Trade and Investment and Art, Culture and Creative Economy to have firmed document to be presented for Government’s approval. Your valuable insights as a contributor to the initial draft make your participation essential to this important endeavour.

“As a ministry, we understand the immense potential that intellectual property holds for driving economic growth, fostering innovation, and attracting investment in line with President Bola Ahmed Tinubu’s vision of repositioning the country for economic growth and sustainable development.

“It is essential that we align our policies and strategies with global best practices to ensure that Nigeria remains competitive in the ever-evolving global marketplace, as boldly encapsulated in the Renewed Hope Agenda of this administration,”  Rimi concluded. 

As stakeholders make valuable contributions to shaping Nigeria’s intellectual property future, it’s expedient they focus more on the three main statutes governing intellectual property law in Nigeria, namely Copyright Act, the Patents and Designs Act, and the Trademarks Act. Most parts of these three Acts have become obsolete.