legal-abu-2025

legal-abu-2025

Legal Issues

Statutory and institutional framework for Intellectual Property Rights (IPR) in Nigeria

Main Intellectual Property Laws in Nigeria
The protection and administration of IPR in Nigeria is based on several key statutes:

1. Copyright Act (Cap C28, LFN 2004)
Protects literary, musical, artistic, and audiovisual works.
Enforced by the Nigerian Copyright Commission (NCC).
NCC roles: licensing, enforcement, monitoring, international representation, approving collecting societies.
2. Patents and Designs Act (Cap P2, LFN 2004)
Governs inventions (patents) and industrial designs.
Administered by the Trademarks, Patents and Designs Registry in Abuja.
3. Trademarks Act (Cap T13, LFN 2004)
Protects brand names, logos, and marks used in trade.
Also handled by the Trademarks, Patents and Designs Registry.

Supporting Laws
Several other laws support IPR administration in specific industries:
* National Film and Video Censors Board Act (Cap N40, LFN 2004)
Regulates Nollywood/entertainment industry by licensing films, videos, and screening venues.
* National Broadcasting Commission Act (Cap N11, LFN 2004)
Controls broadcasting rights, licensing radio/TV stations, investigating complaints, and regulating media content.
* National Office of Technology Acquisition and Promotion (NOTAP) Act (Cap N62, LFN 2004)
    * Registers and monitors agreements on foreign technology transfer.
    * Covers patents, trademarks, and related licensing contracts.
* Trade Malpractices Act (Cap T12, LFN 2004) and
* Consumer Protection Council Act (Cap C25, LFN 2004)
    * Protect consumers against misleading trade practices, counterfeit goods, and unfair competition.

Key Institutions
* Nigerian Copyright Commission (NCC) → Copyright matters.
* National Film and Video Censors Board (NFVCB) → Regulates Nollywood & video exhibition.
* National Broadcasting Commission (NBC) → Regulates broadcasting rights & media licensing.
* Trademarks, Patents and Designs Registry → Handles industrial property (patents, trademarks, designs).
* National Office of Technology Acquisition and Promotion (NOTAP) → Registers technology transfer agreements.
* Consumer Protection Council (CPC) → Safeguards consumers against exploitation in IPR-related transactions.


Territoriality of Intellectual Property
* IPR laws are territorial → They only apply within Nigeria.
* But IP products (films, books, music, software, brands) cross borders.
* International cooperation is essential → Nigeria participates in:
    * WIPO (World Intellectual Property Organization)
    * WTO (World Trade Organization) → especially through the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights).



How digital technology is reshaping Intellectual Property (IP) law in Nigeria, especially copyright.

Digital technology is breaking boundaries and making knowledge more accessible, but it also makes it much easier to pirate Nigerian music, films, and books. The future of IP law in Nigeria depends on finding a balance between encouraging innovation and protecting creators while still promoting access to information

Role of Technology in IP
* Digital technology (computers, internet, software, networks) makes it very easy to copy, share, modify, and distribute intellectual property.
* This creates both opportunities and challenges.

Opportunities Created
* Digital platforms (e-libraries, repositories, online archives) make it easier for people to access knowledge globally, beyond geographical boundaries.
* Electronic networks (internet) allow multiple people to access the same material at once and provide powerful tools like search and linking.
* This can help reduce the knowledge gap between developed and developing countries (like Nigeria vs. Western countries).
Challenges and Threats
* Piracy and unauthorized use: Easy duplication and online distribution of films, music, books, and software without the creator’s permission.
* Loss of control: Creators may lose control over how their works are used, modified, or monetized online.
* Economic and moral rights threatened: This discourages creativity and investment in intellectual works because creators don’t get proper recognition or compensation.
* Example in Nigeria: Nollywood movies and Nigerian music are easily pirated and distributed globally through online platforms.

Implications for the Future of Nigerian IP Law
* Nigerian IP laws need to adapt to the realities of the digital age, beyond traditional forms of piracy (like CDs and DVDs).
* Stronger legal frameworks, enforcement mechanisms, and digital monitoring tools will be necessary to protect creators.
* Nigeria will likely align more with global digital IP standards (through WIPO and WTO agreements like TRIPS).
* There is a need for balance: protecting creators’ rights while ensuring that the public can still access knowledge, education, and research.

International Responses – The WIPO Internet Treaties (WCT & WPPT)
The World Intellectual Property Organization (WIPO) introduced two important treaties in the 1990s called the Internet Treaties:
1. WIPO Copyright Treaty (WCT) → protects authors of literary and artistic works.
2. WIPO Performances and Phonograms Treaty (WPPT) → protects performers (musicians, actors, etc.) and producers of sound recordings (phonograms).
These treaties were created to update copyright rules for the digital environment (e.g., the internet, software, databases).

Provisions of WCT
Protection of Computer Programs and Databases
Protection of  Rights of Distribution, Rental, and Communication to the public
Limitations and Exceptions (Article 10 WCT)
Technological Protection Measures (TPMs)
	These are tools like DRM (Digital Rights Management) or encryption.
	Purpose: prevent piracy and unauthorized copying/distribution of digital works.
	The treaty requires states to protect against circumvention of these measures.

Rights Management Information (RMI)
	Refers to digital info attached to a work (e.g., author’s name, ownership, copyright codes).
	Protects against tampering: removing or altering this info is treated as copyright infringement.
	Example: Stripping metadata from a digital photo or music file is illegal.

Nigeria’s Response to Digital Copyright Issues
Nigeria has aligned some of its copyright framework with global practices.
Copyright (Optical Discs Plants) Regulations 2006
* Created to fight piracy of CDs, DVDs, and other optical discs.
* Requirements:
    1. Registration → anyone producing, importing, exporting, or duplicating optical discs must register with the Nigerian Copyright Commission (NCC).
    2. Marking of Discs → discs must carry official marks/codes.
    3. Prohibitions → selling unmarked discs, using forged codes, or operating without registration is illegal.
* This ensures better monitoring and control over disc reproduction


Basic Principles of Copyright
1. What is Copyright?
* Meaning: Copyright = the exclusive right to make copies of a work.
* It protects original creative works, such as:
    1. Literary, dramatic, musical, artistic works.
    2. Sound recordings, films, broadcasts.
    3. Typographical arrangement of published editions.
* Databases may also be protected (if they required substantial investment to compile).
Key Idea: “What is worth copying is worth protecting.”

2. Owners and Authors
* Default Rule: The author (creator) is the first copyright owner.
* Exception: If the work is created by an employee during employment, the employer owns it (unless agreed otherwise).

3. Duration of Copyright
* Lasts for the life of the author + 70 years (after the year of death).
* Applies to literary, dramatic, musical, and artistic works.
* Same rule in the USA: life + 70 years.

4. Restricted Acts (Rights of the Copyright Owner)
Only the copyright owner can do (or authorize others to do):
1. Copy the work.
2. Issue copies to the public.
3. Rent or lend it to the public.
4. Perform, show, or play it in public.
5. Communicate it to the public (e.g., broadcast or upload).
6. Make adaptations (or do the above acts on adaptations).

5. Infringement of Copyright
Occurs when someone does a restricted act without permission.
To prove infringement, four questions must be answered YES:
1. Is the plaintiff’s work protected by copyright?
2. Does the plaintiff have the right to sue (as owner or licensee)?
3. Did the defendant copy the work?
4. Is the copied part a substantial portion of the work?

6. Exceptions & Defenses to Infringement
Not all copying = infringement. There are exceptions:
* Public Interest → e.g., sharing info on a computer virus to protect society.
* Acquiescence → if the copyright owner knowingly allowed use before complaining.
* Estoppel → if the owner encouraged the use, they cannot later deny it.
* Permitted Acts (Fair Dealing):
    * Lending a book to a friend.
    * Copying a few paragraphs for private study.
    * Recording a TV show to watch later.

7. Secondary Infringements (More Serious Offences)
* Selling pirated copies (e.g., bootleg CDs/DVDs).
* Distributing illegal copies in a way that harms the owner.
* These can lead to criminal penalties (fines, imprisonment).

8. Remedies for Infringement
If the copyright owner wins a case, remedies include:
* Injunction → court order to stop ongoing/future infringement.
* Damages → financial compensation for losses.
* Account of Profits → infringer must hand over profits earned from infringement.
* Note: No damages if the infringer genuinely didn’t know the work was protected.

9. Copyright in the Information Society
* Digital technology allows works (books, music, films, software) to be easily stored, copied, transmitted worldwide.
* Internet + CDs/DVDs = huge global audience.
* But it creates tension:
    * Positive → wider dissemination of knowledge.
    * Negative → misuse of copyright to suppress information (e.g., Church of Scientology suing to remove online extracts).