THE USEFULNESS OF EXTANT INTELLECTUAL PROPERTY LAWS IN THE GLOBAL DIGITAL SPACE

Abstract

The rapid development of digital technologies has significantly reshaped the landscape of intellectual property (IP) rights, creating new and complex challenges for authors, innovators, and policymakers. The ease of content sharing through the Internet and other digital platforms has transformed traditional notions of IP infringement, making violations such as piracy, unauthorised reproduction, and copyright abuse more widespread and difficult to control. This article examines the relationship between digital transformation and existing IP protection frameworks in the global digital space, with a particular focus on Nigeria. It highlights that although legal frameworks and technological tools like encryption and digital rights management exist, they are often insufficient due to the speed, scale, and sophistication of modern digital innovation. The study explores key areas of IP, including copyright, patents, and trademarks, and explains how digitalisation has altered their enforcement and scope. It also addresses emerging issues such as the use of copyrighted materials in training artificial intelligence systems and the increasing liability of online platforms. Drawing on international legal frameworks like the TRIPS Agreement and relevant case law, the article identifies major challenges, including jurisdictional inconsistencies, the anonymity of infringers, and the uncertain application of the fair use doctrine. It argues that Nigeria’s IP laws, particularly those governing trademarks and patents, are outdated and inadequate for current digital realities. The article concludes by advocating legal reforms, improved enforcement, stakeholder collaboration, and modern technological strategies.