Let me start from the simple definition of trademark by WIPO: “a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.” Trademarks are protected by intellectual property rights. WIPO is an administrative organ for treaties, national and regional laws that together make up the international legal framework for trademarks. To be the best of my knowledge, WIPO is not an enforcement organ.
Nigeria is a member State and signatory to WIPO treaties and protocols. Some think that if infractions are not checked, it might impact the business environment negatively. What’s your take on this? There is an ensuing court litigation process on the order of the Coca-Cola company on the copyright infringement and property right violation of their company’s trademark logo by Popscola who is also a key player in the beverage industry. We must be careful not to conclude that there is an infraction at this point on a matter that is sub-judice, which I think is an argument for the lawyers to make in the court.
What action should the government take to safeguard the Nigerian business environment against similar infractions? A general statement suffices though that governments all over the world make all efforts to protect intellectual property rights because of the obvious incentive- innovation and creativity. This being one of the 12 major pillars of the global competitiveness index. Where there is no enforcement against infractions, the business environment becomes less attractive and can become a discouragement to new capital formation.
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