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4 J. Pol. & L. 196 (2011)
Intellectual Property Piracy and Counterfeiting in Nigeria: The Impending Economic and Social Conundrum

handle is hein.journals/jpola4 and id is 462 raw text is: Intellectual Property Piracy and Counterfeiting in Nigeria: The Impending Economic and Social Conundrum K.M WAZIRI Faculty of Law, Department of Private & Islamic Law University of Abuja, Nigeria Tel: 234-80-3315-3247 E-mail: kmwaziri2003@ttyahoo.com Received: April 2, 2011 Accepted: June 7, 2011 doi:10.5539/jpl.v4n2pl96 Abstract Nigeria's status as a favourable destination for foreign direct investment as well as a place where local creative talent can flourish is in jeopardy due to the activities of individuals that place no value on intellectual property (IP). Experts have highlighted that one major snag to development of intellectual property in Nigeria is piracy and counterfeiting. It has ripped off many producers, manufacturers, artists, marketers and stakeholders of the benefits of their creativity and also prevented the industry from rapid financial growth and development. It is in this light that we intend to look at the place of piracy and counterfeiting to the social and economic development in Nigeria. Keywords: Intellectual property, Piracy, Counterfeiting, the Economy 1. Introduction Pirated and counterfeit products, have contributed to high intellectual property theft. Fake and pirated products, though a global problem plaguing most developing countries, has become a cankerworm which the Nigerian government needs to fight against if it must make headway in its drive for economic independence and progression. It is a strong factor that will hinder the country's many developmental programmes and its Vision 2020 if not properly addressed. Counterfeit and pirated products cut across virtually all areas of human consumer goods, including drug, food, books, electrical parts, compact disc, textile material and foot wears, among others. According to experts, it has not only become an instrument of mass destruction, but has ripped many of the dividends of their intellectual property rights. Unfortunately, most of the world's bogus drugs and pirated products originate from Asia, particularly China, according to the U.S. Centre for Medicine in the Public Interest. The fakes oftentimes are exported and they change hands many times before reaching their unwitting consumers. The growing trade has been fuelled by internet sales and the lure of lucrative profits.( Note 1) Piracy and counterfeiting describe the sale of copies of products without the permission of the owner of the rights to those products. Piracy usually refers to the sale of unauthorized copies, without necessarily claiming that it is an authorized copy. For example, selling a recording of a movie made by someone sitting in a theatre with a video camera is a type of piracy. Counterfeiting means selling a copy that looks like an authorized copy and falsely claiming that it was authorized or licensed, such as selling unauthorized or unlicensed copies of software in a package that looks exactly like a legitimate package. Some counterfeit copies of products may be so accurate that it is difficult to tell them from the legitimate product. (Note 2) The most common types of piracy and counterfeiting internationally include: Medications, Apparel, footwear and handbags, Movies and music, Auto parts, Electronics, Health products (toothpaste, lotion, and vitamins), Food, alcohol and beverages etc. According to the chairman, Longman Nigeria Plc, Emmanuel Ijewere, authors and producers in the entertainment industry have been impoverished in the last 20 years, as they lost over N81 billion to counterfeiting and piracy. He explained that Nigerians spent over N90 billion in purchasing books and pirated compact disc within the period, but regretted that only N8-billion went into the coffers of the producers. Ijewere said that authors are no longer encouraged to write, since they will end up making more money for counterfeiters and pirates, stressing that Nigeria will not make any headway unless the Nigerian Copyright Commission rises to the occasion. The chairman therefore called on the Nigeria Customs Service to ensure that anybody importing books, compact disc and other materials is ISSN 1913-9047 E-ISSN 1913-9055 www.ccsenet.org/jpl Journal of Politics and Law Vol. 4, No. 2; September 20 11 196

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