GAPS IN THE COPYRIGHT AND DESIGN RIGHTS FOR NIGERIAN'S FASHION INDUSTRY

   "If you want to be original, be ready to be copied." - Coco Chanel The Global fashion industry is worth over $2.5 trillion, with Africa's share estimated at less than 1% of that total. Meanwhile, Euromonitor suggests that the Sub-Saharan fashion market is worth $31 billion, with Nigeria accounting for 15% of the $31 billion ($4.7 billion). Nigeria's fashion has arisen in size; it has grown 17% since 2010. The Nigerian fashion industry in recent years has guided itself into international recognition. With designs meeting the eyes of internationally recognized individuals and brands, it has proven itself to be an industry with commercial viability. Designers such as DeolaSagoe, Duro Olowu, Adebayo Oke Lawal and Amaka Osakwe, have put the Nigerian fashion industry in limelight, a light which seems to only get brighter. Events such as the Lagos Fashion Week with & Africa Fashion Week, started due to the exposure of brands that are based in Nigeria. The surge was possible because of the Runway Shows. Africa is rich due to their culture and tradition, especially when speaking of Fashion. The styles of dress provide a history of ancient cultures and ethnic backgrounds. Many ethnic cultures have a specific style that is sacred to their society and tribes. Despite having one of the largest apparel markets in the world, Nigeria is yet to extend intellectual property ("IP") rights to fashion design. Although there are several bills for the amendment of the Copyright Act, none of them can be said to really address the main issue affecting fashion designers and their rights; which is the availability of protection of the artistic work they create. Nigeria has no comprehensive and specific legal framework governing the fashion industry. Accordingly, specific legislation protecting fashion brands is non-existent. IP practitioners have therefore resorted to the general protection afforded under the existing legal framework for intellectual property in Nigeria. The existing legislation for this purpose includes; the Copyright Act, the Patents and Designs Act, and the Trademarks Act. Nonetheless, the application of these laws seems not to be sufficient and have been unsuccessful, and the vast majority of fashion design remains unprotected by IP law. A large number of designers, more than any other group of fashion designers, suffer the adverse effects of lack of IP rights for their designs. This paper analyzes the gaps in the existing copyright and design rights in the Nigeria Fashion Industry and the need for fashion design protection in Nigeria despite already existing IP rights.