Bøger af Desmond Oriakhogba

About the BookThis book discusses the theories, practice and emerging trends of intellectual property (IP) law in Nigeria. Specifically, it examines the protection of copyright, patent, designs and trademark - including their limitations and exceptions - under the extant IP regime in Nigeria. It also examines important IP related and cut-crossing topics, such as the protection of traditional knowledge, traditional cultural expression, genetic resources and geographical indications; the protection of plant varieties and animal breeders rights, image rights, personality rights; and issues around character merchandizing. Other topics discussed includes trade secret, unfair competition, the interface between IP and gender, and the national, regional and international framework for the protection and promotion of IP. Significantly, the book examines the impact of digitization on IP with particular focus on the implications of the development on artificial intelligence technology on the IP system. While Nigeria remains its primary jurisdictional focus, the book draws from the jurisprudence, literature and contemporary practical examples to buttress its analysis. The importance of the book rests not only on its global outlook, Nigerian focus, and interesting topics it covers, but also on its simplicity and clarity of language and the style of presentation adopted. Overall, the book is designed to be relevant to judges, legal practitioners, law and policy makers, academics, researchers, students, entrepreneurs within the Nigerian IP ecosystem, and members of the public with interest in IP law.

This book formulates a human right to research in Africa based on an in-depth examination of the available international and regional human rights instruments as well as those relevant to the national contexts of African countries. The imbalances in the African copyright ecosystem regarding access to information for research and education became painfully apparent during the COVID-19 pandemic. African libraries and knowledge curators found themselves ill-equipped to perform their role of enabling access to information. As teaching, learning and research are increasingly done on digital platforms, learners and researchers continue to grapple with the challenges of accessing materials owing largely to the protection of these resources under copyright law. Access to information, which is needed in order to exercise the right to science and culture, faces a significant challenge posed by the exercising of exclusive rights by copyright owners without a legal mechanism that properly balances copyright from a human rights perspective.To achieve such a balance, there is an urgent need to revise the African copyright system from the perspective of human rights law. Can it be done by establishing a human right to research? In view of the existing broad freedom of expression, and the right to science and culture, education, and property in global, national and regional human rights regimes, is a specific right to research in Africa necessary and justifiable? If so, what should its minimum core components be? Are there international and national regimes already in place that could support the formulation of a human right to research in Africa?This book offers a valuable resource for law- and policymakers in the fields of copyright and human rights, judges, lawyers, public interest groups, researchers and students, librarians and authors, as well as the general public.