Evaluation Of Intellectual Property Rights Of The Film Industry And Its Implication On Socio-Economic Development In Nigeria

Introduction

1.1 Background to the Study.

Intellectual property refers to creative works of the human mind; such creations ranges from literary and artistic works to industrial and scientific works. Intellectual property rights grant creators exclusive rights over their works and prevents third parties from making use of such works without permission from the creator. Intellectual property is highly recognized and acknowledged globally in the 21st century and countries have taken up measures to ensure that the rights of creators and inventors are respected. Of course, there is no doubt that Intellectual property as we know it in modern times hasn’t always been the same as it has evolved over the years. As far back as 500 BC the Greek state of Sybaris permitted citizens to obtain a patent for “any new refinement in luxury.” The laws regulating copyright and trademarks since that era has evolved and has become more complicated as sanctions are placed all over the world for anyone who violates such laws (Klinck,2017).

Although such laws regulating Intellectual property (IP) have evolved, the intent for providing such laws back in 500 BC have been the same even to this day, which is to protect the interests of creators and to also promote creativity amongst citizens. In 1873 foreign exhibitors of the International Exhibition of Inventions held in Vienna, Austria, refused to attend the exhibition due to their fears that their ideas may be stolen and commercially and financially exploited by other countries (World Intellectual Property Organization, n.d.). It was recognized afterwards that there was a need for an international agreement which would protect the interests of inventors over their inventions.

On 20th March 1883, approximately 10 years after the Exhibition, the first formal convention protecting IP rights was signed by 11 countries, this Convention was called the Paris Convention for the Protection of Industrial Property. This convention was the first major step taken by countries of the world to formally regulate the Protection of an aspect in intellectual property and the rights given to Inventors over their inventions. The Convention was later amended on 28 September 1979. The Convention which had 11 countries signed as parties to it now, has in 2019 177 countries as Parties (World Intellectual Property Organization, 2019).

A Second Convention which protects literary and artistic works was established which is known as The Berne Convention for the Protection of Literary and Artistic Works. It was signed on September 9, 1886 following a campaign led by Victor Hugo, the Association Littéraire et Artistique Internationale (Graham, 2008). The Convention entered into force in December 1887. It was through this convention that is was established that copyright is granted the moment an art is fixed into a medium of expression.

Prior to 1886, copyright wasn’t applicable internationally. Using Nigeria as an example, a work written in Nigeria has copyright within Nigeria but the same work could be copied and sold for commercial purposes by another in Ghana. The 1886 Berne Convention therefore made certain modifications to such practices. The Convention was signed in 1886 by 10 countries. In 2019, that has increased enormously as 177 countries are signed as parties to the treaty (WIPO, 2019).

Following the establishment of the two international conventions stated earlier, an international organization was set up in 1893 to govern/administer the conventions. This was known as the United International Bureau for the Protection of Intellectual Property (BIRPI). The convention establishing the World Intellectual Property Organization, adopted on July 14 1967, brought about the existence of the intergovernmental body known today as World Intellectual Property (WIPO). BIRPI was the predecessor of WIPO, which it succeeded by 87 years. WIPO became a specialized agency of the United Nations in 1974 and all member states of the United Nations are entitled to join WIPO but it is not obligatory. In 1992, 52 states were members of the organization (Bogsch, 1992).

Due to the rising recognition of the benefits of intellectual property across the world, several countries have ratified to conventions protecting Intellectual Property. The Federal Republic of Nigeria is not excluded. Nigeria ratified to several treaties which protect Intellectual property rights. The first IP related treaty that Nigeria ratified to after its Independence was the 1883 Paris Convention for the Protection of Industrial Property on September 2, 1963. The Federation many years later ratified to The 1886 Berne Convention for the Protection of Literary and Artistic Works on September 14, 1993 (WIPO, 1993).

Not only has Nigeria ratified to treaties protecting Intellectual property related rights, it has also enacted certain Laws for itself as a Federation. In 1990 Nigeria’s National Assembly enacted a Trade Marks Act (Chapter 436). In 1990 also Nigeria enacted a Patents and Designs Act of 1971 (Chapter 344). Nigeria also enacted the Copyright Act (Chapter C.28, as amended) in 2004 (Olubanwo & Oguntuase, 2019).

Intellectual property rights as stated earlier are recognized as being beneficial not only to the creators but also to the development of countries. For the purpose of this research on the Evaluation of the Intellectual property rights of Nigerian film industry and socio-economic and political development. The research will be conducted and focused on Nigeria. Even though Nigeria has put in place certain copyright laws to protect its film industry, this study seeks to evaluate its laws in relation to Socio-economic and political rights.

Chapter one continues…