By Waziri Isa Adam (Group Editor-in-chief)
A Renowned AfCTFA law expert, Professor Muhammed Tawfiq Ladan, has identified critical omissions in Nigeria’s National Policy on Intellectual Property Rights, set to be unveiled tomorrow, Monday, November 4, by the Federal Ministry of Industry, Trade and Investment and Federal Ministry of Arts, Culture and Creative Economy.
According to the expert, the policy fails to acknowledge the Protocol on Intellectual Property Rights to the African Continental Free Trade Area (AfCFTA) Agreement, adopted in February 2023. This legally binding treaty applies to various categories of intellectual property, including marks, patents, designs, and traditional knowledge.
According to Prof. Ladan, Nigeria’s omission of this critical treaty undermines the country’s opportunity to reform its policies, laws, and practices to benefit the economy, traders, investors, and creative stakeholders.
“The policy’s failure to recognize the AfCFTA Agreement has significant implications for Nigeria’s intellectual property landscape,” Prof. Ladan stated.
To address this omission, Prof. Ladan recommends adding clarity to item 2.1.5 on International Treaties. “Nigeria is also a state party to the African Continental Free Trade Area (AfCFTA) Agreement and its Protocol on Intellectual Property Rights (IPR), adopted on 19th February 2023.”
This protocol covers all categories of IPR, including marks, designs, patents, copyright, plant variety protection, utility models, geographical indications, genetic resources, traditional knowledge and cultural expressions, trade secrets, and emerging technologies.
Furthermore, Prof. Ladan noted the policy’s lack of provision for emerging technologies, such as artificial intelligence and biotechnology.
By incorporating these changes, Nigeria’s National Policy on Intellectual Property Rights can better align with international agreements and frameworks, promoting economic growth and development.
Nigeria’s National Policy on Intellectual Property Rights is expected to play a crucial role in shaping the country’s economic future.
Prof. Ladan’s concerns highlight the need for Nigeria to prioritize intellectual property rights in its economic policies.