Arbitrability of IP disputes in Nigeria: prospects and challenges

This study explores the arbitrability of IP rights (IPR) disputes in Nigeria. It examines the legal framework applicable to the resolution of IPR disputes and identifies challenges associated with the arbitrability of IPR disputes in Nigeria. We evaluate the relevant literature with the aim of setting the foundation for a critical analysis of the prospects and challenges of adopting arbitration as an alternative dispute resolution mechanism for resolving IPR disputes. Our research finds that arbitration is a viable method of dispute resolution in IPR matters, particularly copyright. We also find that arbitration could be used for IPR matters bordering on contractual and commercial disputes. Nevertheless, we note that the courts may question and negate the feasibility of using arbitration to resolve IPR disputes based on the provisions of section 5(1) of the Arbitration and Mediation Act, 2023. The article also examines some challenges that may impede the use of arbitration in resolving IPR disputes, such as the effect of arbitral awards on third parties and public policy concerns. The study proposes recommendations that could improve the effectiveness of arbitration in resolving IPR disputes in Nigeria, such as legislative reforms and a measured approach by the courts in applying public policy exceptions.