UPCYCLING: INTELLECTUAL PROPERTY RIGHTS AND LEGAL IMPLICATIONS OF TRANSFORMING WASTE INTO SUSTAINABLE FASHION PRODUCTS IN NIGERIA

Abstract

It has been established that the fashion industry is high on the world's pollution list. For instance, the United Nations Environment Programme (UNEP) noted that making a pair of jeans trousers, from the production of the cotton to its delivery, requires 3,781 litres of water. This amounts to the emission of about 33.4 kilograms ofcarbon equivalent. The nature of the business, evidenced by the use of synthetic materials, hazardous colours, energy intensive production methods, has impacted the environment negatively. The need to fulfil Goal 12 of the Sustainable Development Goals and the call to embrace the circular economy has led to switching to using sustainable materials and products. This drive for sustainability in the fashion industry has, however, raised challenges m upholding and enforcing Intellectual Property Rights (IPR). This paper examines the implications of Intellectual Property Rights (IPR) on the creative use of waste materials in creating sustainable fashion products, through upcycling. It argues that to get the full benefit of sustainability in upcycling, IP challenges, presented, must be resolved. These challenges occur in the areas of Trademarks, Industrial Designs and Copyright. Nigeria's IPR laws do not adequately address the unique nature of upcycling. It has failed to strikethe needed balance between creativity and the possibility of infringement of existing IPRs. The paper concludes that upcycling offers tremendous opportunities for environmental preservation through sustainability, thereby positively impacting the economy and society, consequently. The role of IP should therefore be towards promoting sustainability.It goes on to recommendthat, to maintain/encourage sustainability, it is essential to strike a balance in solving this dilemma within the Nigerian IPlaws