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 Benue State University, Makurdi

LAW JOURNAL VOLUME 9, 2019/2020


Protecting the Rights of Proprietors or of Industrial Designs in Nigeria: An Appraisal

Gilbert Tor*

Abstract

This article examined the rights and protection of owners or proprietors of designs under Nigerian and international law. It explored available legal provisions for the protection of such rights and the remedies available to statutory creators, true owners or licensees in cases where such rights are infringed. The article explained and distinguished industrial designs from other intellectual property rights or works of artistic nature and the implication that comes with such contrast or variation. The article discussed the concept of ownership with emphasis on industrial design and the procedures of registration, duration and the nature of the rights and protections conferred on the owner or proprietor of an industrial design. Motivated to probe the ineffective utilization, enjoyment and protection of industrial designs in Nigeria, the article employed the doctrinal methodology of research otherwise called armchair research in undertaking the study. It found that lack of awareness of the economic and technological benefits derived from designs as well as the conjoined nature of the Patents and Designs Act Cap. P2 Laws of the Federation of Nigeria 2004 created problems for effective enjoyment of the rights and protections provided by law. It recommended amendments to the Nigeria legislation to cover other categories of users and creators of designs such as persons with disabilities under the Discrimination against Persons with Disabilities (Prohibition) Act, 2018 on how best the rights of owners and proprietors of designs may be protected.

Key words: Rights, patents, industrial designs, protection, owners

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