What are the causes of counterfeiting and piracy in Nigeria?
Over the years, Nigeria has become a target destination and transit route for counterfeit and pirated goods. Foreign and local traders flood the market with cheap substandard fakes, while local manufacturers illegally imitate the products of established brands. Reason for the wide spread of proliferation include informal structure of the economy, corruption, outdated legislation, weak policies and enforcement mechanisms, and the lack of awareness on the dangers of consuming substandard and counterfeit products.
Which are the goods that most often face counterfeiting and piracy in Nigeria?
Packaged foods, pharmaceuticals, footwear, clothing most often face counterfeiting and piracy in Nigeria.
Does Nigeria have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
Yes
What are the specific laws/orders/rules laid down in Nigeria for the enforcement of Intellectual Property Rights?
Traditionally, the various aspects of Intellectual Property (IP) in Nigeria include:
Copyright - governed by the Copyright Act Cap. C28 Laws of the Federation of Nigeria 2004;
Industrial Designs & Patents - governed by the Patents and Designs Act Cap. P2 Laws of the Federation of Nigeria 2004; and
Trademarks - governed by the Trademarks Act Cap T13 (Laws of the Federation of Nigeria 2004).
What are the different types of IPRs protected by IPR enforcement in Nigeria?
Patents, copyright, and trademarks are the different types of IPRs protected by IPR enforcement in Nigeria.
What are the general IPR enforcement obligations in Nigeria?
It is necessary to register a trademark to bring forth an action of infringement while enforcing the IPR in question. Also, although not mandatory, the Federal High Court promotes mediation or settlement procedure prior to the initiation of a trial. Therefore, it has the power to allow a 30-day period to encourage its full resolution of disputes.
Foreign trademarks are not statutorily enforceable in Nigeria, except as unregistered marks. Foreign industrial design registrations are not enforceable in Nigeria.
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
If the owner of a mark is aware of a likely infringement on his or her mark, he or she can apply to the court for a grant of search and seize orders. It gives the owner the right to raid the premises of the infringer without notice to seize all the infringing goods found. The owner can collaborate with law enforcement agencies, like NAFDAC or Nigerian Customs.
The owner can also enforce his or her rights by writing a cease and desist letter to the infringer.
The owner can also enforce his or her rights by writing a cease and desist letter to the infringer.
The owner can also enforce his or her trademark by alerting the general public and consumers through newspaper and various media forums, on who the real owners of the trademark are and how to recognize their genuine products.
Is there any limitation period for filing an infringement action?
No, the acts relating to the right to do not expressly specify a time limit for IP infringement.
Which of the following IPR enforcement channels is/are available in Nigeria?
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Are civil actions available for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Yes
Which of the following types of civil remedies is/are available in Nigeria?
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Nigeria than the ones mentioned above? If yes, then kindly explain in brief.
Other civil remedies in Nigeria include the following:
nfringement articles to the plaintiff.
What is the approximate timeline of civil litigation related to IPR enforcement in Nigeria?
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
Are there any disadvantages of civil litigation in Nigeria? If yes, then kindly give 2-3 points?
No
Is criminal prosecution available in Nigeria for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Yes
Which is the responsible authority in Nigeria corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
A) Responsible Authority - The federal High Court of Nigeria, the Court of Appeal, and the Supreme Court.
B) Imprisonment Term - Trademarks: 06 months to 02 years; and Copyright: 06 months to 05 years
C) Monetary Fine - Trademarks: 50,000 Naira; and Copyright: N100, 000 to 500, 000
Are there any other criminal remedies available in Nigeria than the ones mentioned above? If yes, then kindly explain in brief.
Other criminal remedies available in Nigeria include the following:
Delivery up: It is an order against the defendant to hand over all infringement articles to the plaintiff; and
Cost of action and solicitors fee.
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Nigeria? If yes, then kindly give 2-3 points?
No
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
ADR is not common in settling trademark cases in Nigeria. Relevant provisions have been drafted to introduce a hybrid mediation process throughout the "case-management-conference" process under the Federal High Court rules.
Are border control measures (customs) available in Nigeria for the enforcement of IPRs?
No
The Standard Organization of Nigeria may be utilized. A petition may be sent to the Director of SOP to protest for the involvement of issuing the regards to the prevention of importation of goods into the ports and in the country.
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
No
What are the remedies available under border control measures (customs) in Nigeria?
The remedies available under border control measures (customs) in Nigeria include the following:
Seizure and destruction of goods
Imposition of fine
Who must bear the costs of customs intervention during enforcement?
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
Which are the best practices for enforcement of IPRs in Nigeria?
Court Proceedings
Are there any risks involved in the enforcement of IPRs in Nigeria? If yes, then kindly give 2-3 points.
Many copyright owners (like music artists and filmmakers) lack sufficient knowledge of the legal framework for the protection of IPRs. They do not understand or properly scrutinize the contracts they sign. Additionally, many copyright owners engage the services of legal counsels, who are generalists and inexperienced in the management of IP rights issues; so these lawyers fail in their duties to give the right direction to their clients. In some cases, the copyright owners do not reap the full benefits of their works in cases of infringement because they settle out of court on small amounts due to the fear of losing to the offenders who are sometimes more popular and/or wealthy artists. Many other copyright owners do not follow the cause of law given the constraints and the cost of bringing the defaulters to law.
The regulatory authorities are generally considered passive in the protection and enforcement of IP rights and laws. Additionally, the regulatory framework is largely perceived as weak and inefficient to the extent that the public is unaware of the ways it contributes to the infringement of IP rights.
