TOWARD AN EFFICIENT DOMESTIC LEGAL FRAMEWORK FOR IMPLEMENTING THE AFCFTA PROTOCOL ON INTELLECTUAL PROPERTY IN NIGERIA

Abstract

In 2024, the State Parties to the African Continental Free Trade Area (AfCFTA) Agreement adopted the Protocol on Intellectual Property Rights. It seeks among others, support intra-Africa trade, promote African innovation and creativity and deepen intellectual property culture in Africa, promote coherent intellectual property rights policy in Africa; contribute to the promotion of science, industrialisation, services, investment, digital trade, technology, and technology transfer, and regional value chains; promote a harmonised system of intellectual property protection throughout the continent, support and promote creative and cultural industries, contribute to access to knowledge; and support public health needs and priorities of State Parties. The creative and tourism industries are ready to contribute and estimated $100 billion and over 2 million jobs to the Nigerian economy, this is in addition to potential contributions of non-technological and technological innovations to the economy. If strategically aligned, intellectual property rights protection can foster innovation, expand production and increase the contribution of these industries and innovation to the Nigerian economy while increasing Nigeria’s share of the AfCFTA market. Adopting a doctrinal approach, this paper reviews the AfCFTA Protocol on Intellectual Property Rights, analyses the legal framework within which the AfCFTA Agreement will be applied in Nigeria, identifies gaps that could impede implementation, and recommends options for alignment.