A light breakdown of the enforcement of Intellectual Property Right in Nigeria.

1. Intellectual Property [‘IP’]
rights are exclusive legal
rights conferred on creators
for the protection of their
works.

2. IP rights are usually limited to a particular period of
time and are generally transferable. They are
territorial by nature, each country has its legislations
governing the rights and the IP rights in one country
are independent of those in other countries.

3. Under the Nigerian legal system, IP rights are
generally protected through registration of such
rights with the relevant registries and regulatory
bodies established by the Government.

4. These regulatory bodies and registries operate
independently and sometimes interface in the
delivery of their duties and in their operations.

5. Examples of registries and
regulatory bodies are:
The Patent and Designs Registry,
Trademark Registry,
National Office for Technology Acquisition
and Promotion (NOTAP), the Standard
Organization of Nigeria(SON), the National
Agency for Food and Drug Administration
and Control (NAFDAC), The Nigerian
Customs Service (NCS), The Nigerian
Immigration Service (NIS), Federal
Competition and Consumer Protection
Commission(FCCPC), and The Nigerian
Police (for counterfeiting claims).

6. The CONSTITUTION vests exclusive jurisdiction in
the Federal High Court over disputes which relates
to copyright, patent, trademarks and passing-off,
industrial designs and merchandise marks.

7. The Federal High Court is also vested with appellate
jurisdiction over the proceedings of the Tribunals
established by the Trademarks Act and the Patents
and Designs Act. The Court of Appeal, and the
Supreme Court exercise appellate jurisdiction in
relation to matters on infringement of IP rights from
the Federal High Court.

8. COPYRIGHT:
Infringement of copyright occurs where
there is an unauthorized use of the whole
or a substantial part of the copyright work.
This unauthorized use includes copying,
issuing copies, renting or lending,
performing, showing, playing,
communicating or adapting the copyright
work.

9. COPYRIGHT:
It must be proved that the party alleged to
have infringed on the rights did not arrive
at their work by means of independent
creative activity, clear evidence must be
given to establish that they copied the
copyrighted work.
Although, it is not necessary to register a
copyrighted work before owning such
rights in Nigeria, it is advisable to raise a
presumption in favor of the plaintiff and for
easy enforcement.

10. PATENT:
Infringing a patent involves the acts of
manufacturing, using, selling or importing
a patented product or process without the
patent owner's permission.
The owner of a patent can take legal
action against anyone infringing on his
right and claim damages.

11. INDUSTRIAL DESIGN:
Infringement on industry designs occurs
where a third party offers, puts on the
market, imports or exports the design for
commercial gain without the permission of
the holder of the right. Through
registration, the proprietor obtains the
exclusive right for Fifteen years (with
payment of renewal fees every five years)
to make, offer, put on the market, import
or export the design, or stock the product
for the above purposes.

12. TRADEMARK:
Infringement on a trademark occurs where
there is a use of an identical or similar
trademark for identical or similar goods or
services to a trademark already registered
without the owner's consent. The holder of
the right can institute an action in court to
obtain remedies such as damages,
injunctions, account of profit.
The owner may also institute an action for
passing off if the trademark is
unregistered.

13. Trademark Opposition Tribunal is another option
used where the owner of a mark seeks to prevent
another party from registering a proposed or an
accepted trademark. The proceeding takes place
before the Trademark Registry.

14. The owner of the mark can also seek an Anton Pillar
Court order as an injunctive relief for the
infringement of his trademark. It is sought by ex-
parte application and it helps to obtain authorized
access into the premises of the suspected infringer
for the purpose of seizing the infringed products or
documents which he could have destroyed upon
prior knowledge of the litigation against him.

15. CONCLUSION:
Infringements that often occur in Nigeria
are piracy, counterfeiting,
unauthorized/unlicensed use and unfair
competition. These violations prevents IP
owners from reaping the benefits of their
inventions. It also hinders the growth and
development of the creative industry in the
country.
Measures such as administrative ease,
amending laws and regulations to fill in
lacunas and creating effective national
policies should be put in place to mitigate
IP rights infringement in Nigeria.

16. PREPARED BY: MOTUNRAYO
MARIAM ELERUEERE, LL.B