The Role of Intellectual Property Rights as a Development Tool for Women Entrepreneurs in Third World Countries: The Case of the Cosmetics Sector in Nigeria

Abstract

How might ownership of intellectual property rights (IPRs) bring about sustainable socioeconomic development for women entrepreneurs in the emerging cosmetics sector of Nigeria? This research question is motivated by the observation that despite the very significant economic role women entrepreneurs in Third World countries play, their economic status remains low. This low status is a result of various factors including limited access to formal finance mechanisms, high cost of finance and other infrastructural deficiencies, as well gender discrimination. Since the protection of intellectual property (IP) is claimed to be an effective strategy to sustain the growth and development of entrepreneurship, in this thesis I examine whether the IP regime engenders the development of women entrepreneurs in Third World countries. Using trademarks as an exemplar of IPRs and a case study of women entrepreneurs producing cosmetics in Nigeria, I carry out a nuanced analysis that questions assumptions about the role of the IP regime in the improvement of women's businesses in Third World countries. Through an intersectional lens, I explore whether and/or how to localize IP's impact in the context of complex global issues regarding IP protection. Deploying feminist methodology guided by theoretical frameworks of feminist theory and Third World Approaches to International Law (TWAIL), this thesis draws attention to the politics of gender and racism in the IP system and how this is exacerbated for women entrepreneurs in Third World countries. The thesis while acknowledging the importance of IP protection, finds that the current IP regime does not accommodate the innovations of women entrepreneurs in Third World countries like Nigeria, that semi and informal IP appropriation like secrecy, are more utilized by women entrepreneurs, and that gender plays a significant role in their acquisition and exploitation of formal IPRs. The thesis concludes that the IP regime as currently framed plays no role in the development of women entrepreneurs in Third World countries, and recommends amongst others, that a gender based legislative impact assessment of IP laws be carried out in Nigeria to ensure gender transformative reforms, and that the content of IP education be revolutionized to reflect the realities of women entrepreneurship in Third World countries.