LEGAL PROTECTION OF FASHION DESIGNS IN NIGERIA: A CRITICAL APPRAISAL OF THE EXISTING FRAMEWORK AND REFORM PROPOSALS

In the vibrant heart of Nigeria’s fashion industry, where creativity thrives and indigenous culture takes center stage, lurks the shadow that stifles the very talent it should uplift; an overwhelming void of legal protection for fashion designs. An Industry where designers who are the lifeblood of the industry are constantly assailed with an ever-present threat to their innovations being replicated, their intellectual property rights unrecognized, and trampled under by the weight of ineffective legal safeguards in the industry. Meanwhile, despite Nigeria’s rich cultural heritage and global fashion aspirations, the industry remains shrouded with the presence of a weak and non-existential legal framework. Importantly, while international fashion powerhouses have long established and enjoyed robust design protection, Nigerian designers continue to slave away under the system that relegates them to operate in a legal vacuum. Consequently, this paper embarks on an urgent comparative examination of the current state of fashion design protection in Nigeria, dissecting the inadequacies of the existing legal framework and highlighting the urgent need for reform. Through this critical analysis, the flaws of the major statutory provisions, especially the Nigerian Copyright Act which provides for the protection of designer’s intellectual property with one hand while withdrawing same with the other hand is revealed, its enforcement mechanisms appraised, and some other unique challenges faced by the industry as a result. Similarly, this work reveals the critical gaps that hinders the growth of local talent and international recognition in the fashion industry. Flowing from this, this work proposes a reform agenda that seeks to bridge the appalling divide between creativity and legal security. By drawing from international best practices and tailoring them to the Nigerian context, this article envisions a more robust system of design protection that not only secures the rights of designers over their designs but also promotes the commercialization of these works in a globalized market. Ultimately, this work advocates a paradigm shift capable of empowering Nigerian fashion designers, fostering an even better fashion ecosystem where creativity is not only celebrated but protected, thereby propelling the nation to the forefront of global fashion innovation while proposing an urgent comprehensive reform agenda particularly the current Copyright Act as well as other legal frameworks for fashion designs in the fashion industry in Nigeria.