Benue State University, Makurdi

Design Protection in Nigeria and India: Salient Comparisons

Agbo Friday Ojonugwa* and Gwon Solomon Gwon**

Abstract

Industrial design protection has an old historical evolution. It refers to the creative activity of achieving a formal or ornamental appearance for mass-produced items that satisfy the need for a product to visually appeal to potential consumers and the need for the item to perform its intended function efficiently. Many countries worldwide have adopted design laws to achieve the objectives of industrial design protection, especially as mandated by TRIPS and other international treaties. A comparison is made in this article of the design legislation of two countries: the Nigerian Patents and Designs Act and the Indian Designs Act. The legal regimes of Nigeria and India have similar British legal foundations and historical links. However, while India has made extensive reforms on its design legislation and policies, Nigeria is yet to do so. It has also not shown any seriousness in doing so in the future. This article highlights the Nigerian and Indian industrial design legal regimes and highlights some salient similarities and differences between both jurisdictions. It concludes that while the Nigerian and Indian design legislation are both of common law origin, they should exist to serve the purpose of design protection and the economic development of both countries. This is because both nations can model their respective legislation to achieve these objectives. The article finally recommends that Nigeria, like India, urgently reforms its archaic design legislation to conform with best practices.

DOWNLOAD COMPLETE ARTICLE HERE (CLICK)