Strengthening intellectual property rights and protection in nigeria. Ojukwu nnamdi azikiwe university, awka, nigeria young sook onyiuke university of lagos, lagos, nigeria chinyere c. This progression is aided by the desires and efforts of the government and the other players in the sector to attain an enviable. Unfortunately, it has thrown this industry and in particular the music and film industries into a battle of a regulated against a nonregulated collective administration sector for upward. Patents and designs registry still operates manual record system, and is. Sometime in april this year, the intellectual property law association of nigeria. An overview of copyright protection in nigeria part 1. Basically, customary law is any law that is indigenous to nigeria while islamic law is law that is derived from islam. The firm was established in 2001 and specialises in corporate and commercial law, intellectual property ip law, tax advisory services, mediaentertainmenttechnology and sports mets, and litigationdispute resolution. Login nigerian copyright eregistration system ncers. In section 34 the validity of an affidavit affirming that exists in any work is sanctified. The british statute of anne 1710, full title an act for the encouragement of learning, by vesting the copies of printed books in the authors or purchasers of such copies, during the times therein mentioned, was the first statute.
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. 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. The law made provisions for the protection of intellectual works, criteria for eligibility, originality, fixation and duration of works as. Copyright laws and regulations covering issues in nigeria of copyright subsistence, ownership, exploitation, owners rights, copyright. History thus, perhaps for the sake of convenience and to separate ancient origin from the time of european international law,3 traces the origin of modern. People do not need legal services in and of themselves. Copyright collective nigeria rights management in nigeria. John holds a law degree from the university of benin, nigeria and triple postgraduate law degrees including a master of laws degree in intellectual property law from the benjamin n. Introduction right from the amalgamation of nigeria till today, one of the challenges that has confronted the country has been how to. Okeke table ofcontents introduction 312 argument of the paper 312 definitions 317 i. It became part of the codification of nigerian law done in 2004 and is presently referenced as. Copyright lawyers, law firms in nigeria for every city. If you continue browsing the site, you agree to the use of cookies on this website.
Table of contents preface v contents vii cases ix statutes xiii. Written in the authors characteristic lucid style, this book will also appeal to authors, policy makers and the general reader who has need for knowledge. In practice, however, the terms tend to merge, especially in the context of their functions. Same legal knowledge qualifies the lawyer to stand in for one as advocates in court. Home nigerian copyright eregistration system ncers.
He holds a bachelor of law degree from the university of zambia, a masters degree in law librarianship from the university of washington in seattle, washington, and a masters degree in law from georgetown university law center in washington, d. Nigeria should combine a modern digital law with the resources necessary to enforce the law, if nollywood is to achieve its promise, and evolve further. Includes information about the court of appeal and high courts. Fair dealing under the nigerian copyright law nnamdi. Judicial decisions of nigeria and foreign courts where applicable will also serve. A public lecture on the law of and piracy in nigeria slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Copyright nigerian law intellectual property watch inc. Nigeria has a pluralized legal system which is due to the nature and sources of its law. Following the amalgamation of the northern and southern protectorates in 1914 by the british colonial administration, the entity nigeria came into being. Jan 28, 2012 8 responses to fair dealing under the nigerian copyright law mr shina atanda says. 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.
Laws of the federal republic of nigeria 2004 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. Franck tassan, group general counsel carrefour, paris, france. Although windsor law firm is a medium sized law firm, the firm, however, work with various lawyers across the country to deliver a topnotch professional. Communal land rights vesting in trustee law of western nigeria was enacted in 1959, as a consequence of repeated abuses by tribal chiefs. The law firm is established by a team of committed and dedicated lawyers. The use of international law in the domestic courts of ghana and nigeria 373 western states. Iclg merger control laws and regulations nigeria covers common issues in merger control laws and regulations including relevant authorities and legislation, notification and its impact on the transaction timetable, remedies, appeals and enforcement and substantive assessment in 55 jurisdictions. Nigeria, copyright security devices regulations 1999.
Recent developments in intellectual property laws in nigeria. Nigerian copyright act cap 28 laws of the federation of nigeria, 2004. Copyright act chapter c28 laws of the federal republic of. Section 36 provides for restriction on the importation of any published literary, artistic, musical or sound recording. Download this land law text book from national open university. Download land law text book pdf law repository nigeria.
Some basic facts about copyright in nigeria nigerian law. Copyright law and photocopying practice in nigeria unl digital. In this day and age of the internet, the world is a very small place, and work can be copied easily. Recent developments in intellectual property law in nigeria 2 1. In nigeria, the 1999 constitution provides for this position in s. The use of international law in the domestic courts of ghana and nigeria 375 agreement that provided the terms on which the two nations would interact peacefully and assist each other in matters of defense.
Ayoyemi lawalarowolo, llb lagos state university bl nigerian law. Nature and sources of nigerian legal system nigeria became a federation in 1954 with the introduction of a federal constitution by the nigerian constitution. Ghanaian law into conformity with the ghanaian constitution, to help strengthen protection of s and related rights in ghana and to bring ghana into compliance with its international obligations. Pdf copyright regulations under the nigerian copyright. Although the law requires that there must be intent to combine contributions. Esimone nnamdi azikiwe university, awka, nigeria the right of anybody over hisher creative output is an exclusive one. 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. The federal government of nigeria fgn has implemented an electronic collection system to automate payments to nigerian copyright commission ncc. 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. It is therefore the most reliable compendium on nigerian law. A brief introduction to intellectual property law he trademarks act of the federal republic of nigeria the act was enacted in 1965i.
Nov 22, 20 the intellectual property ip regime in nigeria emanated from the english common law and the doctrine of equity of the late 19 th century and is fast maturing into a great earner of foreign investments in nigeria. Introduction the primary function of under the law is to protect from annexation the fruits of a persons work. 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. Intellectual property rights enforcement in nigeria. Introduction to nigerian business law by abiola sanni, llb, bl, um, ach. Cbpr database nigeria center for international environmental law 1 federal republic of nigeria personal ownership of land in nigeria is recognized if the relevant law and custom of an area permit it. For further updates, information and queries on law, trade mark, patent and design filings in nigeria and across north africa, please contact email protected see also. Generally you do not always need permission to copy or use material. Challenges and prospects amanambu, uchenna ebony phd methodist church nigeria, umuobiala, isuikwuato l. The introduction of sharia law in nigeria and the nigerian constitution. The introduction of sharia law in nigeria and the nigerian. This law separated the traditional chiefs of their customary powers to manage the land. Civil actions, court prosecutions and contracts form the basis on which the nigerian legal system is built.
Intellectual property laws in nigeria trademarks, copyrights. Rather, it is a legal system in its own right as english common law. It must be noted however that the law does not mandate the registration of in nigeria. Infringement under the law is not condoned but when the act or omission is carried on under some special circumstances of fair dealing, it is not regarded as infringement under the law. Literary, musical or artistic works other than photographs. To implement or not to implement, the constitutionality is the question pdf. Ocheme, the law and practice of in nigeria 2000 published in a. Draft rules updating nigerias law regime are expected to be submitted to parliament in 2016, after the public consultation process.
This guide will be of great help in my practice as head of the group legal department. Merger control 2020 laws and regulations nigeria iclg. Section 35 of the act provides for presumptions as to the existence of a in a work. Copyright registration in nigeria copyright protection. The commission head office is located at the federal secretariat phase 1, annex 2, ground floor, shehu shagari way, central business district, abuja, nigeria. Under the act, the owner of a trademark generally has the. Ip protection is costly and time consuming or enforcement of the laws are ineffective. The legal profession in nigeria derives its origin from the english legal system and legal profession. Nwanche, a decade of law in nigeria published in nigeria by the nigerian edition first edition 16 ibid 17 see second schedule to the act 1989.
The law only requires that publishers, printers, producers and manufacturers of works should keep records of all works produced by them showing the name of the author, title, year. Since the countrys amalgamation in january of 1914, nigerias 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. Yh collection of laws for electronic access nigeria ng005en copyright security devices, regulations, 07091999 page 23 accreditation of producers 3. A bill repealing the legal practitioners act stillwaters law. It further vested all these powers in a board of trustees, which is appointed by the government. Some of the laws governing ip rights and protection in nigeria include. They argue that this is due to the fact that islamic law is a legal system that is practised in many countries apart from nigeria. The firm is one of the very few specialized ip law firms in nigeria, that have the privilege of having trained and experienced ip attorneys as its founding. 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 history of starts with early privileges and monopolies granted to printers of books. Charles mwalimu is senior legal specialist at law library of congress in washington, d. The lawyers are the main interpreters of the law to other nigerians, who do not have sufficient knowledge regarding the law to enable personal interpretation. Pdf copyright regulations under the nigerian copyright act. All information is provided as is and for informational purposes only.