NLIPW Copyright Law Volume 3 Number 1
(Enforceability of Foreign Copyright in Nigeria)
July 8, 2018
Enforceability of Foreign Copyright in Nigeria: A Review of the Court of Appeal’s Decision in Microsoft v. Franike by Cynthia Onyinyechi Igodo
This paper examines the Court of Appeal’s decision dealing with the protection of copyright in Microsoft’s software. The paper attempts to formulate what the author considers to be the proper approach for the courts in dealing with similar issues in the interest of guaranteeing the protection of foreign ICT companies in Nigeria.
Social Science Research Network (SSRN)
January 17, 2018
We have highlighted some of the key points and issues discussed in the paper:
- Critical reflection of the Court of Appeal’s decision in the case of Microsoft v. Franike.
- Focus on whether software protection can be achieved in Nigeria.
- Examination of the absence of statutory provisions in Nigeria’s main copyright legislation specifically protecting the intellectual protection in software.
The author concludes that the approach adopted by the courts in the case is not in the overall interest of encouraging foreign ICT companies and the protection of foreign copyrights in Nigeria. The author views the court’s decision in the Franike case as a precedent for software and copyright pirates to hide behind the non-existence of a gazette to prevent the application of the reciprocal extension of copyright protection in the infringement of foreign copyright.
The NLIPW Copyright Digests are compilations that highlight published or unpublished papers on intellectual property in Nigeria. These Digests also feature articles that discuss copyright laws and protection in Nigeria.