Geographical Indications in Nigeria: A Legal and Policy Deficit

Abstract

Protection of geographical indications has not only become popular around the world, but it is also a viable intellectual property right that can potentially foster economic development, especially in developing countries. The potential of GI protection to add value and promote rural socio-economic development and to create value for local communities through products that are deeply rooted in tradition, culture and geography cannot be underestimated, especially by developing countries. This article explores the state of economic development in Nigeria and the necessity of GI protection to enhance economic development. It also examines the concept of GIs and existing policies and statutory framework on GI protection in Nigeria. The article finds that, besides section 43 of the Trademarks Act of Nigeria which provides for certification marks and other relative laws, no meaningful effort has been made by the Nigerian government to enact a suis generis legislation for GI protection. Furthermore, the article examines existing policy gaps responsible for poor GI protection and proffers recommendations for improvement and necessary attitudinal change on part of the Nigerian government.