Legal Research Review: Enforceability of Foreign Copyright in Nigeria

Copyright and Intellectual Property Concept
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NLIPW Copyright Law Volume 3 Number 1

eDigest

(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.

Content Source:

Social Science Research Network (SSRN)

Date Written:

January 17, 2018

Highlights

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.

Conclusion:

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.

Read the full paper

The NLIPW Copyright Digests are compilations that highlight published or unpublished papers on intellectual property in Nigeria.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.

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About Ufuoma Akpotaire 163 Articles
Ufuoma is a Senior Editor and Director of Regulatory Policy at NLIPW. She assists clients in the protection of copyrights, trademarks and patents. She counsels clients regarding validity and infringement matters and has experience acting against the infringement of IP and addressing counterfeit issues. She holds a Masters degree (LL.M.) from Columbia Law School, New York and a law degree from the University of Nigeria (LL.B. Honors). She is admitted to practice law in Nigeria and in the State of New York. Ufuoma cut her teeth in the intellectual property practice groups of some of the largest law firms in Nigeria and has years of experience working with major non-profit organizations in New York. Email: uakpotaire@nlipw.com