*Federal High Court Jurisdiction on IP Matters Limited
*IP Is An Opportunity For Wealth Creation and Economic Growth Globally
![](https://thenigerialawyer.com/wp-content/uploads/2026/09/2026-IDRI-Masterclass.png")
Renowned Senior Advocate of Nigeria, Chief. Doctor Emeka Obegolu SAN has called for the need to reform the laws governing intellectual property in Nigeria saying that the current laws are inadequate. He said this in his lecture at the ceremony marking the NBA Ota 2022 Law Week, held on the 4th October, 2022.
According to the learned silk, Intellectual Property (IP) is the term that describes the ideas, inventions, technologies, artworks, music, and literature, that are intangible when first created, but become valuable in tangible form as products. This presentation provides short definitions and an explanation of the classic forms of IP – patents, copyright, trademarks, and other evolving forms. He noted that for purposes of this his lecture, it was suffice to note that IP is the commercial application of imaginative thought to solving a technical or artistic challenge. He noted that importance and essence of IP has made it become recognized globally, and made infringement attractive of dire consequences.
He established that Nigeria, like most countries had laws governing IP Law. These laws he stated governed the predominate IP areas in Nigeria thus;
1. Copyright; Governed by the Copyrights Act Act Cap 68, Laws of the Federation of Nigeria, 2004.
2. Trademarks: Regulated by the Trademarks Act Cap T3, Laws of the Federation of Nigeria 2004.
3. Patents: Governed by the Patent & Designs Act Cap P2, Laws of the Federation of Nigeria 1988.
4. Industrial Design: Governed by the Patent & Designs Act Cap P2, Laws of the Federation of Nigeria 1988.
Emphasizing the importance of IP, Obegolu SAN thus: “The exclusive monopoly nature of the right allows businesses and individuals to recoup the cost of investment and labour in producing the property and to also obtain financial benefits.” He also noted that Intellectual property rights served to creators, inventors or innovators, a form of encouragement and protection from copying, imitation, infringement, performance or distribution without the authorization of the rights owner. According to the learned silk, it also had the capacity and capability of National development and boosting the Small and Medium Enterprises (SMEs).
Furthermore, the Learned silk established that IP has evolved and now associates with digital technology. To buttress this he pointed out thus: “It has been said that innovation without protection is philanthropy and in order to protect and create value from these intangible assets intellectual property rights (IPR), copyright, design, patent, trade secrets and trademarks are an essential tool.”
He went on point out that intellectual property was an intangible asset that could form an organizations priced possession. ” The organisations that are successful are those that create value through innovation and extract that value by strategically leveraging their IP in order to enhance their competitive position.” He said. To this end, he hammered on the need for organizations to possess IP strategy that is inline with their business strategy.
Obegolu SAN stated that IP has become glorified possession in the International level and has been recognized as a catalyst of economic growth and development. This realization according to the SAN, has led to the establishment of the World Intellectual Property Organisation (WIPO) which plays a pivotal role in shaping the intellectual property laws and systems which harness the benefits of innovation and creativity on the global scale. It has also led in efforts that saw intellectual property taking centre stage in international discourse and global trade negotiations. Prominent among these is the Agreement on Trade-Related Intellectual Property Rights (TRIPS Agreement). He noted how IP provided opportunities for wealth generation through licensing, trademarking and among others.
On the role lawyers play in IP, Obegolu SAN stated thus: “A great deal of an IP lawyer’s work will mean providing legal advice on a range of issues from commercial viability and marketing, to vesting ownership and infringement. On a day-to-day basis, there are a wide array of activities which may take place, from emailing a party who are infringing a client’s work, to searching patent registries on behalf of a new innovation brought forward.” He also noted that involved heavily in the resolution of IP disputes involving their clients as well as drafting the necessary documents. To this end, the SAN stated that IP Lawyers ought thus: “. Lawyers will often need to specialize in one or two particular areas in order to handle them effectively; areas such as copyright or trademarking may overlap, whilst patent law often requires greater specialization.
Typically, roles in this area require some technical savvy to support the creative projects, alongside legal drafting experience and contract knowledge.” He pointed out that Intellectual Property litigation is seeing a huge rise in demand, due to a surge of technology, the subsequent flood of media, and an increased ability to share information.
Asking the question “Is IP for you?” Obegolu SAN postulated thus: “It is important for IP lawyers, in addition to the knowledge of the law, to appreciate creativity, and understand certain facets or methods of its expression. This field broadly covers technically complex yet fascinating projects, which invariably require an informed knowledge of trends or developments in line with their type. As there will likely be multiple projects happening concurrently, organization and flexibility will be of paramount importance, combined with an ability to handle complex discussions.”
Speaking on jurisdiction of the Federal High Court to entertain IP disputes, the learned silk said it was by all means limited despite being exclusive. “These provisions can be said to be limited as they do not capture, contemplate, or account for other kinds of rights in order to tally with global standards and best practices.” He said. He established that moreso, World Intellectual Property Organization (WIPO), further recognizes some other intellectual property rights such as traditional knowledge (TK), traditional cultural expressions (TCE), genetic resources (GR), new plant varieties under patent protection.
He viewed that IP rights evolve, and currently Nigerian laws were inadequate to govern them. “The provisions of the Federal High Court Act are insufficient to accommodate the enforcement of all IP matters; especially considering the fact that the intellectual property space is a dynamic sector in Nigeria and worldwide”, he pointed out. He stated that section 251 1(f) of the Constitution which provided for the exclusive jurisdiction of the FHC limits IP litigants from exploring other rights not contained in the provision. To this end, the learned silk called for reform, stating that its need was imperative. His words read thus: “The need for reforms and amendments of laws especially IP Laws cannot be overemphasized. The period of enactment of the affected legislations clearly show that the laws were enacted a long ago, at a time that many of the current day developments were not in the consciousness of the legislators. The result of the use of these outdated legislations is that the protections offered in Nigeria are substandard in comparison to the updated laws operating in other jurisdictions.” According to him, lack of reforms amounted to a hindrance of IP development in the country.
He also pointed another problem with the IP system in Nigeria, stating that the lack of requisite knowledge on IP matters on the part of the presiding judges before whom these cases are brought also deters the relevant development of IP. To remedy, he emphasized the need for lawyers to specialize in IP Law.
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation
______________________________________________________________________ “Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
