Intellectual property laws in nigeria trademarks, copyrights. Under the nigerian copyright act the act, the following works are eligible for protection. Section 36 provides for restriction on the importation of any published literary, artistic, musical or sound recording. Nigeria has enacted domestic legislations to protect the incorporeal rights and creativity of its citizens against any undue infringement. Neither ngex nor any of its independent providers is liable for any informational errors, incompleteness, or delays, or for any actions taken in reliance on information contained herein. Evolution and future trends of in nigeria journal of open.
Infringement of 3 a anyone who violates any of the exclusive rights of the owner as provided by sections 106 through 122 or of the author as provided in section 106aa, or who imports copies or phonorecords into the united states in violation of section 602, is an infringer of the or right of the author, as the. Pdf the study assessed the practice of law infringement among university library personnel in southwest, nigeria. Nigerian cases on copyright infringement nigerian law. Social media use and liability for copyright infringement. Copyright infringement and photocopy services among university students and teachers in nigeria wahab akanmu aboyade obafemi awolowo university, nigeria modupeola aduke aboyade federal polytechnic, nigeria bolanle adewumi ajala federal polytechnic library, nigeria. An overview of the law of patents in nigeria introduction the grant of a patent for an invention is the grant to the patentee for a limited period of a monopoly right in respect of that invention i. It is a known fact that the greatest heritage of a nation remains the creativity of its citizens, and therefore one of the primary functions of law enforcement agents and other appropriate authorities is to protect the ingenuity, resourcefulness and. Nigeria chemists17, the plaintiff sold drugs as chemists in onitsha, eastern nigeria and the defendant opened. The level of information contained within the guide is clear and appropriate legislation references allow for the user to make an easier indepth analysis where appropriate.
He presently works as a counsel with chief rotimi williams chambers, in lagos. It is important for rightholders such as producers to have a good understanding of existing law to enable them effectively apply and. Intellectual property ip is a generic term that describes creations of the intellect in relation to which the law ascribes exclusive right of appropriation to the designated owners. The challenges of the nigerian copyright commission ncc in the fight against copyright piracy in nigeria mary imelda obianuju nwogu1 lecturer, faculty of law, nnamdi azikiwe university, p m b 5025, awka, anambra state, nigeria. Federation 2004 embraces literary, musical and artistic works, cinematograph films. Fair dealing under the nigerian copyright law nnamdi. Three broadcasting facilities engaged in pirating the broadcast signals of several right owners including star. For instance, in the case of niger chemists limited v. The principal legislation in this regard is the nigerian act5. Home nigerian copyright eregistration system ncers. Ademola samuel adeniyi is an astute legal practitioner in nigeria, with defined expertise in intellectual property law and communication law. Recent developments in intellectual property laws in nigeria. Recent developments in intellectual property law in nigeria 5 the appeal as lacking in merit and affirmed the decision of the lower court.
Introduction the primary function of under the law is to protect from annexation the fruits of a persons work. Criminal liability in respect of infringement of performers right. It is a broad area of study that covers different from of rights like, trademarks, patents and. The term work under section 11 of the copyright act cap. The guide has proved to be an excellent resource for an inhouse legal team covering multiple jurisdictions. In nigeria, as history will tell us, we were once under british tutelage and when britain consolidated her statutes into law in 1911. Since the countrys amalgamation in january of 1914, nigeria s legal framework generally, law included, was made up of the common law of england, doctrines of equity and natural justice, as well as statutes of general application, that were in force in the united kingdom on the 1 january 1900. Reimporting the concept of authorisation of infringement to nigeria from the uk and australia although with modifications, this article forms part of the authors phd research at the school of law, university of leeds, leeds, uk. All information is provided as is and for informational purposes only. An act to make provisions for the definition, protection, transfer, infringement of and remedy and penalty thereof of the in literary works, musical works, artistic works, cinematograph films, sound recordings, broadcast and other ancillary matters. To register claims in derivative works and com pilations, information will be required regarding previous registrations of preexisting material, limitations of the claim. The cease and desist acts as a formal request that the recipient stop cease and not continue desist this behaviour. If the recipient of the letter fails to comply with these demands, the sender should be prepared to take further legal action to stop the behaviour.
Infringement is a serious matter that may result in a claim of infringement against the person who violates the exclusive rights, as well as against the local church. In evolving a s regime for nigeria, i believe that we need to understand our cultural peculiarities. Maximising the current legal regime1 abstract like any other proprietary right, enforcement of rights is of utmost importance in matters. It is a very useful guide for everybody who is involved in international arbitration. Librarians and copyright protection in nigeria 2 final. According to a news report, a canada based nigerian author, paulicap okechukwu okekeda the plaintiff has filed a n250 million suit against macmillan publishing company nigeria limited and universal basic education commission for alleged infringement. Section 36 provides for restriction on the importation of any published literary, artistic, musical or. Login nigerian copyright eregistration system ncers. Nigeria income belonging to nonmembers may be lodged, it does not confer an affirmative right to sue third parties in order to recover those monies. Visit any bank branch and present your payment to the teller overthecounter and say you want to pay nigerian copyright commission via the remita platform.
This study on the infringement in nigeria and challenges in digital world will cover issues of piracy and violation in nigeria considering the challenges of digital technology which has made piracy and infringement difficult to tackle. Nigeria encouraged law infringement causing barrier to. The federal government of nigeria fgn has implemented an electronic collection system to automate payments to nigerian copyright commission ncc. Section 1, cap c28 laws of the federation of nigeria lfn 2004. Section 35 of the act provides for presumptions as to the existence of a in a work, the ownership of the by the plaintiff and such other matter. It is however common knowledge that nigeria has a very weak enforcement regime and piracy remains a mammoth challenge. The implication of new technology on nigerian copyright. Draft rules updating nigeria s law regime are expected to be submitted to parliament in 2016, after the public consultation process. Infringement occurs when you violate one or more of the exclusive rights of a owner.
Trademark or copyright infringement cease and desist letter. Copyright collective nigeria rights management in nigeria. Pdf a comparative analysis of copyright enforcement. In this day and age of the internet, the world is a very small place, and work can be copied easily. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. Section 11 of the act6 provides protection and confers status on. Copyright law and photocopying practice in nigeria unl digital. The law made provisions for the protection of intellectual works, criteria for eligibility, originality, fixation and duration of works as well as sanctions or punishment for infringement of such works but the law made copious provisions for exceptions. A cease and desist letter is a letter sent to an individual or business that is engaging in unwelcome or illegal behaviour. Pdf copyright regulations under the nigerian copyright act. Your work must be officially ed to deter plagarism, and to prove you are the original creatorauthor in the event that someone accuses you of copying their work, or when somebody copies your work.