REGULATION OF GEOGRAPHICAL INDICATIONS AND APPELLATIONS OF ORIGIN IN NIGERIA
), Bankole Sodipo(2), Temitope Olorunnipa(3),
(1) Lecturer, Private and Commercial Law Department, School of Law and Security Studies, Babcock University, Ilishan-remo, Ogun State.
(2) Professor of Law, Babcock University, Senior Advocate of Nigeria
(3) Lecturer, Faculty of Law, Lead City University, Ibadan.
Corresponding Author
Abstract
Nigeria is rich in various indigenous products with potential for geographical indications (GI) designation. However, the country lacks specific legislation focused on GI. Without clear identification of their Nigerian origin, many products consumed internationally deprive the nation of the economic benefits that GI can offer. Currently, GI can be protected in Nigeria as certification marks under the Trademarks Act. Nevertheless, this provision does not adequately protect GIs in Nigeria, and they remain unenforceable abroad. This paper underscores the need for Nigeria to enact specific legislation for GI. This will be achieved using a doctrinal research design, adopting a qualitative research approach. A systematic analysis technique will be employed to examine both primary and secondary sources. Primary sources include the Trademarks Act, the Paris Convention for the Protection of Industrial Property, the Lisbon Agreement for the Protection of Appellations of Origin among others. Secondary sources include journal articles, research papers and online materials. It is the finding of this research that there is a dearth of law for the protection of GI in Nigeria and it is recommended that a sui generis law which will specifically address the protection and registration of GIs in Nigeria be enacted.
Keywords
Geographical Indications (GI), Appellation of Origin, Intellectual Property, Sui Generis Law
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