Reciprocal Extension of Copyright and National Treatment: Microsoft Corporation v Franike Associates Ltd
Author | Ifeoluwa Ayokunle Olubiyi |
Citation | (2014) IPLJ 98 |
Published date | 16 August 2019 |
Pages | 98-108 |
Date | 16 August 2019 |
RECIPROCAL EXTENSION OF
COPYRIGHT AND NATIONAL
TREATMENT: MICROSOFT
CORPORATION V FRANIKE
ASSOCIATES LTD
Lecturer, Faculty of L aw, Afe Babalola University
Copyright is a ter ritorial right in the sens e that it is granted by each
country base d on its national legislation. Internat ional treaties dealing with
copyright have harmon ised certain aspe cts of copyright protection including
provides that copyright prote ction shall be granted to all or iginal works
Microsoft Corp v Franike Asso Ltd1 ha s however brought to the fore
centres on the protect ion of a foreign work in Nigeria, is analysed in light
of the principle of national treatme nt under the Berne Convention and the
Agreement on Trade-Related Aspect s of Intellectual Property Rig hts (TRIPS
also considered in the light of thi s fundamental principle.
The law grants copyr ight protection to authors of creative and cultural works
in retur n for their intellectual and othe r investments in the creation of such
works. Copyright generally refers t o the exclusive rights granted by the
law to authors such as the rights of rep roduction, publication, performanc e,
translation, broadc ast, adaptation and distribut ion to the public.2 To b e eligible
3
* LLB (Obafemi Awolowo) BL (Nigeria) LLM Advanced M asters in Intel lectual Prop erty Law and
Knowledge Management (M aastricht).
1 (2012) 3 NWLR [ pt 1287] 301.
2 C opyright Act, Cap C28, L aws of Federation of Nigeria, 200 4 (‘Copyright Act’) s 6.
3 C opyright Act s 1(2)(a).
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(2014) IPLJ 98
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