CHAPTER ONE GENERAL INTRODUCTION
- BACKGROUND OF THE STUDY
The concept of property has changed significantly over time. It is scientifically defined1, as the jural relationship between two or more persons in relation to a thing. That is, the right to use and enjoy it. This includes the right to exclude others from using the thing. To many, especially laymen, when talk of property, what normally comes to minds is a tangible property, such as a house, a vehicle, electronic gadgets and so forth. Aboki held that in some cases both legal practitioners and laymen rarely think of modern forms of property, such as, copyright, patents and Trade Marks which are called intellectual property. These properties are not less important than other properties. They need the protection of law just like other forms of property not only at national level but at international level2.
In the present era of globalization and liberalization in the world economy, a nation must be able to harness her ideas, inventions, innovations and creative works towards technological advancement and global competitiveness. To nurture national talents, Nigeria requires identification of her researchers and inventors, creation of an enabling environment and to initiate strategies to protect all the stakeholders and their creative works. These creative works constitute corpus juris in general called intellectual property. It is intellectual property because unlike other properties created by nature or modeled by physique and labour, intellectual property is one created as a result of intellect. It is a different area of property. Like other forms of property, intellectual property such as Trade Marks, patent and copyrights have problems with political and socio-economic contents, for example, piracy, plagiarism etc. At present, both at national and international planes, there are laws and conventions prohibiting offences touching intellectual property. But alas! Offences bordering intellectual property such as piracy, imitation and counterfeiting are on the increase. Nigeria is not an exception.
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