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NIGERIA
IP Country Fiche
SECTION2: OVERVIEW OF IP ENFORCEMENT
Nigeria is a signatory of the WTO’s TRIPS Agreement. Though the TRIPS Agreement was not
domesticated as a national law enforceable in Nigeria, the Copyright Act was amended in 1999 to
reect some of the provisions in the TRIPS Agreement. Aside from the Copyright Act, most of the
other IP laws are not TRIPS-compliant in terms of providing a legal framework for the protection
and enforcement of IP rights.
The Copyright Act mandates that the Nigerian Copyright Commission (NCC) enforce the copyright
of authors and bring infringers to justice. This is aside from the private rights of copyright owners
to enforce their rights.
In recent years, the NCC has, in collaboration with Nigerian Police and Copyright Inspectors,
increased its anti-piracy campaigns and raids of pirated goods in dierent locations across the
country.
Trade mark and patent rights are private rights and the rights are enforced by the owners. However,
a brand owner can engage the police, or any of the relevant enforcement agencies such as National
Agency for Food and Drug Administration and Control (NAFDAC), The Standards Organisation of
Nigeria (SON), Federal Competition and Consumer Protection Commission (FCCPC), to conduct
raids and seize counterfeit goods in any part of Nigeria.
The IP Agencies (NCC, Trademarks, Patents and Designs Registries, etc.) constantly engage with
other stakeholders, including the body representing IP lawyers, who have a role to play in combating
IP infringements. These include Interpol, border ocials, customs ocials, the legal profession, the
Ministry of Trade and Investment, the Federal Competition and Consumer Protection Commission,
IP Associations, and the public.
Despite the involvement of government agencies and state eorts to curb IP infringement,
rights holders must play a signicant role in policing the use of their IP in Nigeria. Rights holders
must constantly check that the industrial and commercial markets in which they sell their goods
or services take appropriate action against the infringement of their IP rights by competitors,
retailers, or street vendors. Nigerian IP legislation entitles rights holders to take civil action against
infringers to recover their lost revenue and/or to have the infringing products destroyed.
Nigeria does not have express legislation on specic border control measures related to the
protection of IP rights. However, the Nigerian Customs Service is obligated under law to stop
the importation of pirated and counterfeit products into Nigeria. While there is no provision for
formal customs recordal in Nigeria, rights holders engage in informal customs recordal, which
includes training customs ocers on how to identify genuine products and distinguish them from
counterfeits as well as depositing relevant materials with the customs ocers to aid in identifying
counterfeit goods.
For copyrights, the Copyright Act provides for conservatory measures that seek to prevent
infringements and to preserve relevant evidence related to an alleged infringement. In addition,
the Act empowers the police to conduct searches of premises where it is suspected that infringing
goods are concealed and to seize any oending goods. The Copyright Act allows for Anton Pillar
orders as well as other types of injunctions to preserve the rights of the copyright holder. Other