INTELLECTUAL PROPERTY RIGHTS IN NIGERIA
First Renewal Term
Subsequent Renewal Term
Nigeria is the most populous country with the largest economy in the African continent.
In Nigeria, the Trade Marks Act, Cap T 13, Laws of the Federation of Nigeria 2004 ("TMA"), and the Trademark Regulations 199, provide the legal basis for trademark registration and protection.
The Trademarks, Patents, and Designs Registry under the Commercial Law Department of the Federal Ministry of Trade and Investment governs and deals with the entire mechanism of registration, which usually takes around 12-18 months.
In Nigeria, multi-class applications are not allowed, and 'USE' is not a requirement for trademark registration, unlike other jurisdictions.
The interested third parties may file opposition actions against a trademark application within two (02) months following its publication date in the trademarks journal.
Trademarks are registered for an initial period of seven (07) years from the date of the application, which can be further renewed indefinitely for periods of fourteen (14) years.
Nigeria is a member of the Paris Convention and Patent Cooperation Treaty (PCT).
The Patents and Designs Act, Chapter 344, 1990, deals with the mechanism of patent protection in Nigeria.
Process Patent and Product Patent are the two types of patents that can be protected in Nigeria.
In Nigeria, any invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability.
The types of patent applications in Nigeria include Non-Convention Application, Convention Application, PCT National Phase Application, Divisional Application, and Patent of Addition.
Utility Model Protection is not available under the patent law.
The time-period for the PCT National Phase Filing is thirty-one (31) months.
Opposition against a patent application can be raised both at the pre-grant and post-grant stage. The opposition period in both these scenarios is to be determined by PTO.
The patent of invention lasts for twenty (20) years in Nigeria.
The time frame for payment of Annuities before the due date is three (03) months.
Nigeria is a member of the Paris Convention.
The Patents and Designs Act, Chapter 344, 1990, deals with the mechanism of registration of industrial designs.
The types of industrial design applications in Nigeria include Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in Nigeria.
Opposition against an industrial design application can't be raised in Nigeria.
The total duration of an industrial design registration is fifteen (15) years from the date of application. The initial term of registration is five (05) years, which is further extendible for two terms of (05) five years each upon payment of the renewal fee.
There is a grace period of six (06) months to renew an industrial design in Nigeria.
Nigeria is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Copyright Act (Chapter 28, as consolidated 2010) deals with the mechanism of copyright protection in Nigeria.
In the case of literary, musical, and artistic works, other than photographs, the copyright protection term lasts for the lifetime of the author plus seventy (70) years following his death. For literary, musical, and artistic works other than photographs, in the case of a government or a body corporate, the copyright protection term lasts for seventy (70) years from publication.
For cinematograph films, photographs, sound recordings, and broadcasts, the term of copyright protection lasts for fifty (50) years from publication.