Judicial Role in The Development of Intellectual Property Law in Nigeria

Abstract

When the courts make historic decisions, doctrines, and pronouncements, the importance of the court’s role in interpreting the law is most clear. In this context, the courts are in charge of shaping jurisprudence and deciding the legal underpinnings. This article focuses on the larger context and framework in which the court’s role in the interpretation and growth of Nigerian intellectual property laws can be analyzed. Where does Nigerian intellectual property law exist? It takes a conceptual approach, tracing intellectual property law and the courts’ role. It also analyzes some recent case law that can be used to determine judicial power and the function of the court in the evolution of IP law. With a few notable exceptions, the overall interpretative function has been less than ideal, according to the article. It thus suggests a more pragmatic and constructive judicial approach to the interpretation of IP legislation, particularly given the growing importance and contribution of IP to national development, as well as the need for a socially responsive policy and legal framework for an effective intellectual property right regime.