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Thursday, September 26, 2024

Why does Nigeria need an intellectual property court?

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Oyinkansola Fawehinmi, entertainment lawyer and organizer of the Global Creative Legal Summit (GCLS), has reiterated the need for Nigeria to establish its own Intellectual Property (IP) Court.

Ms Fawehinmi told PREMIUM TIMES during the inaugural week-long legal summit in Lagos that Nigeria’s creative economy is expanding rapidly. Therefore, the absence of an intellectual property court is seen as a critical deficiency in the legal infrastructure.

“The establishment of an intellectual property court in Nigeria is not only essential, but it is overdue. We need a standard intellectual property court like the industrial court in Nigeria,” he said.

Experts like her believe that a specific court on intellectual property would ensure, among other things, efficient handling of intellectual property disputes and provide protection to creative works that drive industries such as music, film, fashion and technology.

The lack of adequate legal structures in Nigeria leaves creators vulnerable to infringement and without adequate recourse.

Ms Fawehinmi, affectionately referred to as “Foza”, says this is a fundamental problem that a specialised IP court could address by providing streamlined legal processes and expert adjudication.

Oyinkansola “Foza” Fawehinmi during the Global Creative Legal Summit in Lagos.

According to the Entertainment Lawyer, having such a court would also attract foreign investment as international companies would have greater confidence in Nigeria’s ability to enforce intellectual property rights.

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Beyond establishing an intellectual property court, Ms. Fawehinmi’s vision includes several ambitious goals.

A major announcement at the Lagos summit was the introduction of Protect We, a platform that offers legal education tailored to the entertainment industry.

Ms Fawehinmi highlighted the urgent issue of affordable and accessible training for lawyers interested in entertainment law.

“If you want to do a Masters in Entertainment Law, you have to go to the UK or the US, but the costs are prohibitive,” he explained, referring to tuition fees that exceed £30,000 and $50,000.

The Protect We platform, in collaboration with the World Intellectual Property Organization and the Commercial Law Section of the Nigerian Bar Association, offers a nine-month Master's degree program.

This program provides lawyers with skills to navigate the complexities of the creative economy.

“When they finish, they will say that they studied here and obtained a certificate in film law… They will be able to work in film and media companies as lawyers, gaining practical experience,” Ms Fawehinmi explained.

In addition to the master's course, the newly launched initiative will offer short courses for creatives on how to understand their legal rights, covering topics such as dispute resolution and supply chain management.

Building an army of legal experts

Ms Fawehinmi aims to see 5,000 entertainment lawyers operating in Nigeria within five years, a significant increase from the current number.

“For me, success will be if after five years we have 5,000 lawyers in the sector,” he said.

In addition, Ms Fawehinmi has set a goal of providing 10,000 hours of free legal services to creatives over the same period.

This initiative aims to empower young creatives who lack the financial resources to protect their work or face complex legal challenges.

She told of her career ambitions: “I tried rapping, but it didn’t work out.” However, managing a boy band at Babcock University sparked her interest in the legal side of the entertainment business.

Under the mentorship of Bankole Shodipo, a professor and key figure in the drafting of intellectual property laws in Nigeria, Ms. Fawehinmi found her niche.

“I'm not your average lawyer. I don't like to wear black and white,” she joked, illustrating her unconventional approach to the law.

Over the past decade, Ms. Fawehinmi has worked tirelessly to develop her expertise in entertainment law, a largely unexplored field when she began.

“It was a lot of work because when you arrive in a new place you have to build a lot, but I was prepared for it,” she explained.

Advice for young creatives

Ms Fawehinmi highlighted hard work and resilience as key ingredients for success in the creative economy.

“Africa is a wonderful country for the world, but we have reached a point where everyone has to demonstrate their talent and resilience,” he noted.

“No one is going to give you money because you have talent; they will only give it to you when they see that you can get their money back,” Fawehinmi stressed.

He encouraged young people to educate themselves, take advantage of free resources and understand the demands of the creative industry.

“It’s hard work, and that’s what most young people don’t understand about the creative economy,” he urged them to develop strong character and a resilient work ethic.

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