A COMPARATIVE ANALYSIS OF TRADEMARK PROTECTION OF THE MUSIC INDUSTRY IN NIGERIA AND THE USA.

ABSTRACT Trademark protection in Nigeria is one of the intellectual property rights that has been in existence for a long time with legal and institutional frameworks provided in legislation, international treaties and common law. Accessing and harnessing these rights in Nigeria had always been challenging for a number of reasons. The doctrinal research methodology was used to carry out the research, which involved primary and secondary sources comprised of legislation, textbooks, articles amongst others. The study analyzed the legal and institutional frameworks for trade mark protection in Nigeria and highlighted the inadequacies. It also drew attention to emerging businesses and industries, which if accorded adequate trade mark protection would have yielded tremendous economic benefits to the creators and the nation at large. The Trademark Act of 1965, the 1999 Constitution (as amended) and international treaties anchored by World Intellectual property Organization (WIPO) were enumerated as the principal legal instruments for the protection of Trade mark in Nigeria but the laws were found to be inadequate. Nigeria failed to domesticate some provisions of the treaties, the institutions for administration of trademarks, which were found to be archaic required to be digitized in accordance with the trend in more advanced countries. The research also highlighted the low level of awareness by the intended beneficiaries of the economic and social benefits in trademark protection especially in the Nigerian blossoming musical industry which had grown exponentially to international level. The study noted the prospect in a proper and improved administration in trademark protection and recommended updating the laws, to enhance the protection, enlightenment on the advantages of trademarks and use of enhanced technology to improve administration.