Brands - How Adequately Are They Protected In Nigeria ?

In the last decade, Nigeria has become a source of and a dumping ground for imitation, substandard goods at the expense of both imported and locally manufactured brand-name (See Endnote 1) products. Companies have spent millions of Naira on the design, packaging, presentation and promotion of their products, but are being denied the usual benefits of a commanding and faithful market share.

Manufacturers are calling for tough new laws to stem the manufacture, importation and distribution of infringing products. Clearly, the country's laws need to be strengthened to cope with new onslaughts in this fiercely competitive arena.

Nigeria's copyright law currently protects literally, artistic, dramatic and musical works. However, Section 1(3) of the Copyright Act 1988 specifically excludes "industrial" artistic works from copyright protection, stating that "[a]n artistic work shall not be eligible for copyright protection, if at the time when the work is made, it is intended by the