EXAMINING THE EFFECT OF THE AGREEMENT ON TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS ON THE COPYRIGHT ACT, 2004, LAWS OF THE FEDERATION OF NIGERIA

Abstract

Every country has its laws which seeks to protect the intellectual property of its
citizens. However, in 1994 Nigeria signed an Agreement which deals with trade related aspects
of intellectual property otherwise known as the TRIPS Agreement. The essence of this
agreement it is alleged is to safeguard the interest of developing countries. The reverse is
however said to be the case. The crux of this work is to examine the effect of the Trade Related
Aspects of Intellectual Property (TRIPS) Agreement on the Nigerian Copyright Act, 2004. It
follows therefore that the emergence of the Trade Related Aspect of Intellectual Property
(TRIPS) brought with it the intention to enhance global trade and promote intellectual property
rights. Developed countries are to take advantage of the Agreement to try to ensure that
Developing countries advance trade through the provision of the enabling environment for
trade to strive and to protect intellectual property rights. Copyright is a key factor in the
promotion of creativity hence the motivation for this article. It was found that the TRIPS
Agreement has an effect on the Copyright Act, 2004 which is the principal legislation for the
promotion and protection of intellectual property in Nigeria. The effect range from conflict in
the duration for protection of copyrightable materials to enforcement of rights of copyright
owners. It is majorly recommended that the law be amended to tally with the provisions of the
TRIPS Agreement and the Copyright Act for better protection of copyright owners in Nigeria.