A comparative analysis of copyright enforcement provisions in Nigeria: Maximising the current legal regime

Like any other proprietary right, enforcement of rights is of utmost importance in copyright matters. It is however common knowledge that Nigeria has a very weak copyright enforcement regime and piracy remains a mammoth challenge. While so many factors have been adduced for piracy in Nigeria, the inadequacy and sometimes lack of effective copyright enforcement laws is of significance. This paper focuses on a critical appraisal of the copyright enforcement provisions (specifically the remedies available in an action for infringement) under the Nigerian Copyright Act. These remedies are compared with some of those available in other jurisdictions such as the United Kingdom, France and Germany. It is realized that while there is a need to amend the Act to incorporate more effective remedies, the law in Nigeria contains most fundamental remedies available in other advanced jurisdictions. There is however a need for lawyers and the court to begin to make use of the law to fill any lacuna in order for litigants to enjoy novel and effective remedies in an action for infringement. For justice to be done to a copyright owner in an action, the attitude of the court must also change towards respecting copyright as evidenced in judgments given.Keywords: Copyright, Enforcement, Infringement, Remedies, Nigeri

Lessons for Nigeria: Determining Authorship and Inventorship of Artificial Intelligence Generated Works

Artificial Intelligence (AI) has gained widespread momentum in today’s tech-savvy world. AI is now capable of creating copyright works and inventions without human intervention. Such AI-created works challenge the frontiers of intellectual property rights (IPR), particularly those on patents and copyright. The extant copyright and patent laws in Nigeria (Copyright Act, 1988, and Patent Act, 1970) were drafted when AI authorship and inventorship were not a primary consideration. The international legal framework on IPR has also not addressed this issue conclusively. Using a doctrinal method of legal research, this paper examines the challenge AI poses to authorship and inventorship under copyright and patent laws. It also takes a peek into advanced jurisdictions which have had the opportunity to address these issues, to draw lessons for Nigeria where a National Centre of AI and Robotics has recently been established and these issues are envisaged to arise as the Centre carries out its objectives. This paper finds that under the extant legal framework in Nigeria, an AI system cannot be designated as an author or inventor. Considering the advancement in AI technology, this will exclude AI-created works and inventions from intellectual property protection in Nigeria. While drawing lessons from other jurisdictions, this paper recommends a responsive regulation of AI technology through a legislative amendment that accommodates AI systems as authors or inventors with a presumption of law that allows ownership, rights, and liabilities to be borne by the owners of such systems

The Role of Technology in the Advancement of Legal Education and Practice in Nigeria

Technology has revolutionized the way, ease, speed and time with which we conduct our activities. Business transactions are conducted faster, learning and teaching are richer, and generally the legal profession is better positioned. The legal profession is known for its conservatism and traditionalism which many believe must be preserved in order to maintain the prestige of the profession. However, technological advancement may have put a strain on this ideology. The wave of technological advancement and globalization which has swept through various aspects of the society has not left the profession in its path. Technology including Information and Communication Technology (ICT) now plays a quintessential role in legal practice and education. It is becoming increasingly clear in Nigeria as well as a reality that technology is a prerequisite for effective and efficient legal education and practice. This paper examines the important role technology plays in legal education and practice in the 21st century. Focus is placed on how much technology has impacted legal education and practice in Nigeria. The challenges faced in the application of technology in these areas are quite colossal. Despite this, it is important for the legal profession to forge ahead in overcoming these challenges as the application of technology is not only the global trend but also the way forward