ABSTRACT
The enforcement of intellectual property rights in Nigeria is saddled by the lack of technical knowledge, low recognition of Intellectual Property rights, legal ignorance, and the biggest challenge being access to civil justice competing against poverty. The Nigerian legal system is often criticised for its complexity, high cost of litigation, inefficient judiciary, and lengthy court process, which make justice inaccessible to the majority. The challenges of accessing civil justice in Nigeria particularly affect the poor or people with limited resources, the vulnerable, small businesses, and creators. These have led to a prevalent infringement of Intellectual Property rights by piracy, counterfeiting, unauthorised, unlicensed use, and other acts of infringement. Despite the existence of legal frameworks such as the Copyright Act, Trade Marks Act, and the Patents and Designs Act, which themselves need improvement, the enforcement mechanisms have been weak and inefficient, leading to a high level of infringement and impunity. The importance of an accessible, sufficient, affordable, and adequate system cannot be emphasised enough in enforcing Intellectual Property rights. This study analyses the various enforcement mechanisms via the courts as statutes, case law, and policies. It synthesises the findings to understand how civil justice can effectively enforce Intellectual Property rights in Nigeria. Emphasis was placed on the accessibility and affordability of legal and institutional measures put in place to stem the tide of Intellectual Property infringement in the country. The study aims to analyse the effect of the affordability and accessibility of the current civil justice system in enforcing Intellectual Property rights in the face of infringement. To address the issue of accessibility and affordability of civil justice in the enforcement of Intellectual Property infringement in Nigeria, there is a need for the legal system to be xii modernised and streamlined. This can happen through establishing specialised Intellectual Property courts and digitalising court records and management systems. Governments can enhance public access to legal services by providing legal aid for those who cannot afford legal fees. Furthermore, there may need to be a revision of the procedural rules and the proper training of court staff to ensure that a time-efficient, cost-effective, and reliable legal system is established to foster the enforcement of Intellectual Property infringement. Furthermore, there may need to be the proper training of court staff to ensure that a timeefficient, cost-effective and reliable legal system is established to foster the enforcement of intellectual property infringement.
