OKPARA: Towards a Proactive Review of the Nigerian Patents and Designs Act 122 | P a g e TOWARDS A PROACTIVE REVIEW OF THE NIGERIAN PATENTS AND DESIGNS ACT

Abstract

Patents and designs are forms of industrial property that fall under the umbrella of Intellectual Property. Despite being in existence since the adoption of the first Patent Legislation in Nigeria (Patents Act 1970), there has been no significant technological advancement. This is in stark contrast to other nations around the world, which have prospered through similar means. The fault lies with our legislation, as it lacked any policy consideration or comprehensive national technology plan when it was implemented over 40 years ago. Consequently, its level of implementation has remained low throughout this period. Due to its lack of a proper basis for operation, the patent legislation was destined to fail from inception as a quick-fix solution. We must improve upon the provisions outlined in our Patents and Designs Act (Cap P2 Laws of the Federation of Nigeria [LFN] 2004). To achieve this goal, we must address certain inadequacies present within these laws by proposing key issues and making recommendations for improvement. To accomplish this task effectively, a descriptive and analytical approach was adopted while treating data generated from materials used during research on this subject matter. Primary and secondary source materials were also consulted using a critical and doctrinal approach. Our country's value system plays an integral role in how patents and designs operate within Nigeria; therefore, we must streamline our laws accordingly to account for our unique circumstances.