THE ROLE OF INTELLECTUAL PROPERTY IN THE PROTECTION OF TRADE SECRET IN NIGERIA
Abstract
ABSTRACT
The very backbone of the survival of many businesses and ‘household-name’ brands
are well guarded trade secrets. The protection of trade secret is very vital in the
survival of businesses as it keeps the business running even during tough economic
periods and/or in a high competitive market size. It is the very secret flavour to a
unique recipe.
However, it is quite unfortunate that there are no laws regarding the protection of
trade secrets in Nigeria. As a result of this, this research work seeks to bring to our
attention the though little but important efforts that have been taken to ensure
protection of trade secrets. The significance of this research work goes beyond just the
protection of trade secrets in Nigeria but the very fabric that ensures the survival of
various key and generational businesses in Nigeria. This research examines the
existence of trade secret practice in Nigeria and the available protections. It further
examined the concept of trade secret, ascertain what qualifies as a trade secret, how to
protect trade secret in Nigeria, the benefits of protecting trade secret, the challenges
and problems involved in the protection of trade secret and the available provisions of
law for the protection of trade secret.
This research work relied on the use of primary and secondary sources of law. The
primary sources include the Constitution, judicial decisions, customary law and
relevant legislation relating to protection of trade secret. The secondary sources
include the use of textbooks, dictionaries, treaties, journals, articles, podcast and the
internet.
The study concludes that, the system of trade secret protection in Nigeria can borrow
a leaf or two from the systems of trade secret protection in some few selected
countries. This research work juxtaposed the protection of trade secret protection in a
few selected countries in a bid to suggesting improved ways of trade secret protection
in Nigeria. It recommends grey areas in the protection of trade secret and the practice
of intellectual property in Nigeria.
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