AN EXAMINATION OF THE ISSUES AND CHALLENGES IN THE ENFORCEMENT OF TRADEMARKS IN NIGERIA

Abstract

The enforcement of trademarks in Nigeria presents numerous concerns and challenges that undermine the effectiveness of the country's intellectual property (IP) regime. Despite a legal framework established by the Trademarks Act of 1965, enforcement faces significant hindrances leading to widespread counterfeiting and imitation of goods. Fundamental issues include inadequate enforcement mechanisms, insufficient public awareness, and limited resources for the relevant authorities. The Nigerian legal system also battles with lengthy judicial processes, leading to delays in resolving trademarks disputes. Furthermore, corruption and inefficiencies within enforcement agencies hinder the protection of trademark rights. Cross-border counterfeiting and the proliferation of fake goods further complicate enforcement efforts. This paper therefore seeks to examine the issues and challenges in the enforcement of trademarks in Nigeria. The methodology adopted in this paper is the empirical research method, which is the field-oriented research. The method involves distribution of questionnaires and interviews to various stakeholders to elicit first-hand information concerning this paper.

In conclusion, addressing these challenges requires comprehensive reforms, including strengthening the capacity of enforcement agencies, increasing awareness about IP rights, and streamlining judicial processes to ensure timely and effective resolution of trademark disputes.