Artificial Intelligence (AI) has gained widespread momentum in today’s tech-savvy world. AI is now capable of creating copyright works and inventions without human intervention. Such AI-created works challenge the frontiers of intellectual property rights (IPR), particularly those on patents and copyright. The extant copyright and patent laws in Nigeria (Copyright Act, 1988, and Patent Act, 1970) were drafted when AI authorship and inventorship were not a primary consideration. The international legal framework on IPR has also not addressed this issue conclusively. Using a doctrinal method of legal research, this paper examines the challenge AI poses to authorship and inventorship under copyright and patent laws. It also takes a peek into advanced jurisdictions which have had the opportunity to address these issues, to draw lessons for Nigeria where a National Centre of AI and Robotics has recently been established and these issues are envisaged to arise as the Centre carries out its objectives. This paper finds that under the extant legal framework in Nigeria, an AI system cannot be designated as an author or inventor. Considering the advancement in AI technology, this will exclude AI-created works and inventions from intellectual property protection in Nigeria. While drawing lessons from other jurisdictions, this paper recommends a responsive regulation of AI technology through a legislative amendment that accommodates AI systems as authors or inventors with a presumption of law that allows ownership, rights, and liabilities to be borne by the owners of such systems.
The National Broadcasting Commission (NBC) in Nigeria recently released an amendment to the 6th edition of the Broadcasting Code. Its aim is to increase local content, generate advertisement revenue and prevent anti-competitive practices in the Nigerian broadcast industry. To this end, it prevents exclusivity or monopolisation of content by broadcasting organisations, including Pay TV and Video on Demand (VOD) platforms. Drawing from European and South African experiences, this article begins by examining the provisions of the Broadcasting Code, particularly the amendment vis-à-vis the Nigerian Copyright Act and Nigeria’s international obligations under treaties such as the Rome Convention and the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). It then looks at the impact of the amended Code on the broadcast industry. The article seeks to determine whether the provisions of the amended Code can qualify as limitations and exceptions to exclusive rights allowed under the treaties and the Nigerian Copyright Act. It also examines whether, in attempting to foster competition in the Nigerian broadcast industry, the amended Code has taken away the exclusive rights granted by the Copyright Act to owners of Pay TV and VOD platforms and thereby runs contrary to Nigeria’s international obligations. Where appropriate, recommendations are made for consultation among relevant stakeholders for review of the amended Code to align it with the Copyright Act and Nigeria’s international obligations.
Kidney transplantation (KT) as a medical treatment for end-stage renal disease (ESRD) is cost-effective even in developing countries and this treatment has continued to record good success rates. Despite this positive development, the practice of KT continues to face varying challenges across developed and developing countries alike. In developing countries, however, the management of post-transplantation issues is a major challenge. The discovery of immunosuppressant drugs, the accessibility of these drugs and technological advancements that reduce the impact of pre- and post-transplant issues in developed countries is still not readily available in developing countries. This is largely because of restricted access to immunosuppressants and the availability of medications for post-transplant conditions. This article therefore highlights and discusses the implications of the Agreement on the Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) on the access to immunosuppressant drugs in developing countries. The authors conclude that although the TRIPS Agreement continues to hinder the desired access to immunosuppressants thereby worsening the prospects of KT recipients in developing countries, these countries should maximise the flexibilities available under the treaty to improve access to immunosuppressant drugs.
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