THE IMPACT OF THE BUSINESS FACILITATION (MISCELLANEOUS PROVISIONS) ACT 2022 ON THE TRADE MARKS ACT: A CRITICAL EVALUATION

Abstract

The enactment of the Business Facilitation (Miscellaneous Provisions) Act 2022 (BFA) marks a significant and transformative reform aimed at enhancing the ease of doing business in Nigeria.1 This paper provides a critical evaluation of the Act’s impact on the Trade Marks Act 2004 (TMA), examining how its provisions modify trademark in concept, definition, registration, administration and enforcement in Nigeria. The Act introduces measures to simplify procedures, promote digitalization, and reduce bureaucratic hurdles that have historically impeded the trademark process.2 The Act aims to make the country’s business environment more attractive to both local and foreign investors by aligning Nigeria’s trademark regime more closely with international standards. This paper discusses both the positive outcomes and potential challenges, including the implications for businesses’ intellectual property rights and the legal framework’s adaptability to evolving commercial needs. This critical evaluation provides a nuanced view of the Act's effectiveness in enhancing intellectual property rights protection and fostering a more favorable business climate in Nigeria. The methodology employed in this paper is doctrinal. Primary and secondary sources were used to collect data, this includes the constitution, federal legislation, case law, textbooks, journals, and internet sources. The paper concludes by providing policy recommendations aimed at addressing the potential challenges premised on the provisions of the BFA in light of the amendments to the TMA. This it does by advocating for a more enhanced and robust legal framework, proper enforcement measures, addressing conceptual and interpretational challenges among others. By addressing these issues, it submits, Nigeria can move towards a more robust business environment, ultimately contributing to sustainable development and improved socio-economic progress.