An Assessment of Legal and Legislative Measure for the Protection of Geographical Indications in Nigeria and in India

ABSTRACT Geographical indication is an intellectual property right that identifies the originating geographical area of goods where it possesses a given organoleptic quality, reputation or other characteristics which is essentially attributable to its geographical origin. Notably, a Geographical indication is a collectively held intellectual property right rather than individually owned. Given its cultural, economic, commercial, legal and developmental implications, geographical indications serve as a strategic tool for cultural heritage preservation, communal development, national economic growth and strengthening the overall intellectual property framework. Despite the importance of geographical indication domestically and international significance in global trade, Nigeria lacks a sui generis legislative framework for protecting and promoting geographical indications. Without a sui generis legislative framework, Nigeria relies on indirect mechanisms under related intellectual property and trade legislations, which are inadequate for the legal recognition, protection, and enforcement of geographical indications rights nationally and internationally. In addition, Nigeria has not ratified and fully implemented relevant international treaties for protecting geographical indications. In contrast, India is a developing country operating a Common Law system similar to Nigeria. However, India has developed and operates a sui generis system for the legal protection of geographical indications within its territory and internationally under its sui generis legislative framework for geographical indications. This qualifies India as a compelling model for Nigeria to emulate in developing a sui generis legislative framework. Its legislative framework provides the legal protection and recognition of geographical indications, establishes the necessary institutional framework, aligns with international treaties establishing the minimum standard of protection for geographical indications and serves as a legal basis for judicial enforcement of individual geographical indications in accordance with stipulated remedies. The legislative framework facilitates the registration, regulation, administration and enforcement of geographical indications. Under its legislative framework, India’s experience in protecting geographical indications and the experience of other jurisdictions as case studies demonstrates how a sui generis legislation for geographical indications can significantly drive national economic growth, facilitate cultural preservation, promote international commercial competitiveness and modernise the national intellectual property framework. The aim of this study is to examine the existing legislative measures for protecting geographical indications in Nigeria and their inadequacies in comparison with the sui generis legislative framework for geographical indications in India. This analysis would contextualise these jurisdictional differences within the framework of relevant international treaties. Furthermore, it evaluates the relevance and adaptability of India’s geographical indication framework to Nigeria. The research was carried out using a doctrinal methodology. The sources of data include both primary and secondary sources. The major sources of data include legislation, international treaties and case laws. The findings of this research work, amongst others, include that the existing legislative measures for geographical indications in Nigeria are inadequate, and the absence of a sui generis legislation for protecting geographical indications in Nigeria hinders Nigeria’s alignment with international treaties and the benefits attributable to geographical indications. Accordingly, some of the recommendations include the enactment of geographical indications legislation, treaty accession and the establishment of an institutional framework.