AN OVERVIEW OF THE PROSPECTS AND CHALLENGES OF INDUSTRIAL DESIGN REGISTRATION IN NIGERIAN SETTING

It is never in doubt that the objective of any law governing industrial design in any jurisdiction including Nigeria is to ensure the protection of the design and its owner’s interest (first to file or first to claim foreign priority) provided that the said design is new or essentially better in some ways than what was created before. Unfortunately, not every design is registrable, hence the relevant age long question, when will an industrial design be deemed registrable? Again, when goods are similar, designs become an important distinguishing factor to separate any probable confusion, though the design meant here is not the end product itself but the model or pattern or even shape used to produce the final goods. This doctrinal research methodological nature of work seeks to make an overview of the prospects and challenges bedeviling industrial design registration in Nigeria perspective. Identified issues that its solution will settle long list of these problems are as listed out, statutory problems, enforcement problems, societal problems, inefficient system of registering industrial designs, inefficiency of governmental agencies themselves, inadequate infrastructural facilities, and lack of proper records of registered industrial designs. Conclusively, an industrial design is without doubt the language of any product as well as its identity. Owners of rights should be encouraged to commercialize their innovation; therefore, its registration procedure should be in line with global standard. It is recommended that the subsisting Patent and Designs Act of 1970 needs to be re-enacted, with specifically highlighted notable provisions at the body of the work, to give it the needed flair to flow with the modern trend.