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Article
Author(s)
Nkem Itanyi & Madunatu Chikaodili Nwamaka
Full-Text PDF XML 1033 Views
DOI:10.17265/1548-6605/2017.09.003
Affiliation(s)
ABSTRACT
Intellectual creation
occupies a prominent place within the economic, social and cultural development
of each nation; the wellbeing of a country is also appreciated by its capacity
to create, introduce, manage and exploit intellectual assets beyond its natural
resources, its labour or capital. Protection of intellectual property rights is
of particular importance because the essence, goal and purpose are to protect
the product of human intelligence and at the same time to guarantee for the
benefit of consumers the use of such produce. Copyright and neighbouring rights
are one of the main branches of Intellectual Property rights. Copyright is a
significant specie of intellectual property which includes literary works,
musical works, artistic works, cinematograph films, sound recordings and
broadcasts. Neighbouring rights refer to the rights of a live performer also
known as performer’s rights. Both copyright and neighbouring rights are
protected under the Copyright Act, even though the Act makes independent
provisions for each. This paper discusses the statutory framework dealing
specifically with the protection of neighbouring rights and examines how
neighbouring rights have been protected in international copyright laws; The
Rome Convention, Trade Related Intellectual Property Rights (TRIPS), both of
which Nigeria is a signatory to, and the Beijing Treaty which for the first
time in international copyright extends protection to live performance. The operational
problems encountered in the course of enforcing neighbouring rights are
highlighted and suggestions proffered on how to alleviate same.
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