African Regional Framework for the Protection of Intellectual Property Rights: A Nigerian Perspective

Abstract

Intellectual property protection in Africa is administered through a fragmented patchwork of regional and national systems, with the African Regional Intellectual Property Organization (ARIPO) serving predominantly anglophone states and the Organisation Africaine de la Propriété Intellectuelle (OAPI) serving francophone states. This fragmentation creates significant barriers to cross-border IP enforcement, increases costs for businesses seeking multi-jurisdictional protection, and undermines innovation and trade across the continent. Adopting the doctrinal method, the article finds that Nigeria’s continued absence from regional IP frameworks, combined with outdated domestic legislation (particularly the Patents and Designs Act of 1970 and the Trade Marks Act of 1965), places Nigeria at a structural disadvantage in the emerging AfCFTA single market. This article concludes that Nigeria must prioritize legislative modernization, accession to the Madrid Protocol, and active engagement with the AfCFTA IP Protocol negotiations to avoid permanent marginalization in Africa’s evolving IP architecture.