ABSTRACT

The interpretative role of the Federal High Court in shaping jurisprudence is crucial to the development of intellectual property (IP) law in Nigeria, considering the specialized and territorial nature of IP. Copyright in comparison to other aspects of IP has witnessed the most development due to the boom in the entertainment industry, nevertheless the Copyright Act is gradually becoming obsolete. It is expected that the judiciary can close the gap through their interpretative roles. The case of TV XTRA PRODUCTIONS LTD v NATIONAL UNIVERSITY COMMISSION AND ZAIN NIGERIA provided the opportunity to adjudicate on the basic copyright principle of eligibility. The main query is whether a work requires registration for copyright protection. This chapter is of the perception that the judiciary is failing to live up to expectation regarding copyright matters. There is no provision on registration in the Copyright Act of Nigeria. Originality and fixation are the determining factors for copyright protection. Thus, it has become crucial to explore the position of registration of copyright works in Nigeria. Indeed, there is a need for the enhancement of knowledge of IP across board, specifically copyright in this chapter for quality adjudication and development of IP law in Nigeria.