INTELLECTUAL PROPERTY IN INDIGENOUS TEXTILE DESIGNS AND PRODUCTION IN NIGERIA

Abstract

The relationship between intellectual property and indigenous textiles in Nigeria is intrinsically confounding and raises one of the most significant legal conundrums of the 21st century. At the heart of this complex intersection is the realisation that the existing intellectual property framework for the protection of indigenous textiles in Nigeria finds its root in a largely Westernized IP mechanism that is oblivious to communal ownership, restrictive access to know-how and lifelong protection periods. Besides, legislation in Nigeria has opted for a characterization of indigenous textiles as folklore, an approach which robs indigenous textiles of its uniqueness vis-a-viz other forms of cultural heritage. Against this backdrop, this article explores the nature of intellectual property present in indigenous textile design and production and critically assesses the suitability of folklore protection within the Nigerian context. After an examination of the existing legal framework, the article argues for sui generis system of protection that makes allowances for the peculiarities of indigenous textiles in Nigeria, while also encouraging regional and international cooperation towards a robust system that is recognizable globally.