Why Nigeria needs dedicated Intellectual Property Court

Oyinkansola Fawehinmi, an entertainment lawyer and convener of the Global Creative Legal Summit (GCLS), has reiterated the need for Nigeria to establish its dedicated Intellectual Property (IP) Court.

Ms Fawehinmi told PREMIUM TIMES during the inaugural week-long legal summit in Lagos that Nigeria’s creative economy is rapidly expanding. As such, the absence of an IP court is regarded as a critical legal infrastructure deficiency.

“Establishing an IP court in Nigeria is not only essential but overdue. We need a standard IP court like the industrial court in Nigeria,” she said.

Experts like her believe a dedicated IP court would, among other things, ensure efficient handling of intellectual property disputes and provide protection for creative works that fuel industries such as music, film, fashion, and technology.

Nigeria’s lack of proper legal structures leaves creators vulnerable to infringement, with inadequate recourse.

Ms Fawehinmi, fondly referred to as “Foza”, affirms this is a fundamental problem that a dedicated IP court could resolve by providing streamlined legal processes and expert adjudication.

According to the Entertainment Lawyer, having this court would also attract foreign investments, as international companies would have greater confidence in Nigeria’s ability to enforce intellectual property rights.

Broader vision

Beyond establishing an IP court, Ms Fawehinmi’s vision includes several ambitious goals.

One significant announcement at the summit in Lagos was the introduction of Protect We, a platform offering legal education tailored to the entertainment industry.

Ms Fawehinmi highlighted the pressing issue of affordable, accessible training for lawyers interested in entertainment law.

“If you want a Master’s in Entertainment Law, you have to go to the UK or US, but the costs are prohibitive,” she explained, referencing tuition fees upwards of £30,000 and $50,000.

The Protect We platform, in collaboration with the World Intellectual Property Organisation and the Nigerian Bar Association’s Section of Business Law, offers a nine-month master’s program.

This program equips lawyers with skills to navigate the complexities of the creative economy.

“By the time they are done, they will say they studied here and got a certificate in film law… They will be able to work in film and media companies as lawyers, gaining practical experience,” Ms Fawehinmi elaborated.

In addition to the Master’s course, the newly launched initiative will provide short courses for creatives on understanding their legal rights, covering topics such as conflict resolution and supply chain management.

Building an Army of Legal Experts

Ms Fawehinmi aims to see 5,000 specialised entertainment lawyers operating in Nigeria within five years, a significant increase from the current number.

“Success for me will be if, at the end of five years, we have 5,000 lawyers in the industry,” she stated.

Additionally, Ms Fawehinmi has set her sights on providing 10,000 hours of free legal services to creatives over the same period.

This initiative aims to empower young creatives lacking the financial resources to protect their work or navigate complex legal challenges.

She recounted her career ambitions: “I tried to rap, and it didn’t work out.” However, managing a group of boys at Babcock University sparked her interest in the legal side of the entertainment business.

Under the mentorship of Bankole Shodipo, a professor and a key figure in drafting intellectual property laws in Nigeria, Ms Fawehinmi found her niche.

“I’m not a regular lawyer. I don’t like to wear white and black,” she quipped, illustrating her unconventional approach to law.

Over the past decade, Ms Fawehinmi has worked tirelessly to build her expertise in entertainment law, a field largely unexplored when she began.

“It’s been a lot of work because when you come into somewhere new, you have to do a lot of building, but I was ready for it,” she explained.

Advice to Young Creatives

Ms Fawehinmi harped on hard work and resilience as critical ingredients for success in the creative economy.

“Africa to the world is cool, but we have gotten to a point where everybody has to prove their talent but their resilience,” she observed.

“Nobody is going to give you money because you are talented; they are only going to give you money when they see that you can make them back their money,” Ms Fawehinmi stressed.

She encouraged young people to educate themselves, take advantage of free resources, and understand the creative industry’s demands.

“It’s hard work, and that’s what most young people don’t understand about the creative economy,” she urged them to build strong character and a resilient work ethic.