AppyLaw

Capital Adequacy in Nigeria Banking Law: A Comprehensive Guide for 2023
Leave a Comment / By Simon Ekemini /

In the dynamic landscape of the Nigerian banking sector, capital adequacy plays a pivotal role in ensuring the stability and resilience of financial institutions. As we enter 2023, it’s crucial to understand the latest developments and regulations surrounding capital adequacy in Nigeria’s banking laws. This article will provide you with a comprehensive overview of capital adequacy requirements, their importance, and recent updates in Nigerian banking law.

The Significance of Capital Adequacy
Capital adequacy is the measure of a bank’s financial strength and its ability to absorb potential losses without endangering the interests of depositors or the stability of the financial system. It is a fundamental aspect of prudential regulation aimed at safeguarding the integrity of the banking sector. Here are some key reasons why capital adequacy is crucial:

a. Protecting Depositors: Adequate capital ensures that banks can meet their obligations to depositors even in adverse economic conditions, reducing the risk of bank failures and customer losses.

b. Promoting Financial Stability: Well-capitalized banks are better equipped to withstand economic shocks, contributing to overall financial system stability.

c. Encouraging Responsible Banking: Capital requirements encourage banks to maintain prudent lending practices, preventing reckless behavior that could lead...

https://appylaw.com/2023/10/16/capital-adequacy-in-nigeria-banking-law-a-comprehensive-guide-for-2023/

Navigating the Waters: A Comprehensive Guide to Shipping and Shipping Contracts in Nigeria
Leave a Comment / By Simon Ekemini / October 15, 2023

Shipping is a vital component of international trade, and Nigeria, as a major player in the African economy, relies heavily on its ports and shipping industry. In this article, we will delve into the world of shipping in Nigeria, exploring the key aspects of shipping and shipping contracts, and how businesses can optimize their operations in this sector.

I. The Nigerian Shipping Industry Overview

1.1. Ports and Infrastructure Nigeria boasts several major ports, with Lagos Port Complex and Tin Can Island Port being the most prominent. These ports serve as gateways for goods entering and exiting the country. It’s crucial for businesses to understand the capabilities and limitations of each port when planning their logistics.

1.2. Regulatory Framework The Nigerian Maritime Administration and Safety Agency (NIMASA) is the regulatory body responsible for overseeing maritime activities in Nigeria. Understanding NIMASA’s regulations and compliance requirements is essential for any shipping-related venture.

II. Types of Shipping Contracts

2.1. Charter Parties Charter parties are agreements between shipowners and charterers. There are two main types: time charter and voyage charter. Time charters lease a vessel for a specific

https://appylaw.com/2023/10/15/navigating-the-waters-a-comprehensive-guide-to-shipping-and-shipping-contracts-in-nigeria/

Welcome to the best new movies of 2023, where you can discover the latest films championed by the critics community! Every movie on the list is Certified Fresh, meaning they held on to a Tomato meter (rottentomatoe.com) score of at least 75% after a minimum number of critics review — 40 for limited or streaming releases, 80 for wide theatrical releases, with five of those reviews coming from Top Critics.

BEST NEW MOVIES OF 2023 RANKED Photo by Netflix Welcome to the best new movies of 2023, where you can discover the latest films championed by the critics community! Every movie on the list is Certified Fresh, meaning they held on to a Tomato meter (rottentomatoe.com) score of at least 75% after a minimum number of critics review....

Seven-7-Exclusive-legal-Rights-of-Tenants-in-Nigeria-

(...)The Rent Control and Recovery of Premises Law provides that landlords can only increase rent once every two years and must give their tenants a written notice at least six months before the expiration of the current tenancy agreement.
Furthermore, if a landlord fails to provide basic amenities such as water and electricity, tenants are allowed to withhold rent payments until...

Seven (7) Exclusive Legal Rights of Tenants in Nigeria (2) Being illuminated of your legal rights as a Tenant can help ensure that you are treated fairly and receive the full benefits of a tenancy agreement. In this blog post, we will x-ray the laws that protect Nigerian tenants and demystify how they can help you in your tenancy contract. The Right to a Wr...

In practice, though, international law and the specific rules that govern warfare—the law of armed conflict (loac), also known as international humanitarian law (IHL)—give Israel considerable latitude to attack Hamas, according to legal experts. Article 51 of the United Nations charter gives states the right of self-defence against armed attack, provided that, according to customary international law, the force they use is necessary and proportionate.

Is Israel acting within the laws of war in Gaza? - Appylaw More than 1,900 Palestinians have been killed in Israeli air strikes on Gaza since October 7th, when Hamas terrorists murdered 1,300 people in southern Israel. Israeli jets and artillery have been pounding the coastal enclave. “The scenes out of Gaza will be hard to stomach,” warned a spokesman ...

CONSTITUTIONAL LAW - RIGHT TO LIFE - What must be established to succeed in an action of threat to life

SHEHU v. FRN & ORS (2022) LPELR-58922(CA)

Principle
CONSTITUTIONAL LAW - RIGHT TO LIFE - What must be established to succeed in an action of threat to life

"In EZEADUKWA VS. MADUKA (1997) 8 NWLR (PT. 518) 635 AT 661 (B - C), this Court per Tobi, JCA as he then was, considered the constitutional provision of right to life and held as follows: "In order to succeed in an action... an applicant must prove that the respondent threatened to kill him. And here, mere oral threat on the part of the respondent to kill the applicant is not enough to sustain an action. The threat should be backed up with some overt act of an attempt to kill or exhibition of weapons or material capable of effecting the murder or killing of the applicant. A mere vulgar threat of an oral nature without more cannot sustain an action." Per MOHAMMED BABA IDRIS, JCA (Pp 58 - 59 Paras C - A)

Is the use Of A Nigerian Bar Association (NBA) Seal compulsory?

The use of the stamp and seal in the legal profession became mandatory from April 1st, 2015 following the resolution of the NBA NATIONAL EXECUTIVE COMMITTEE (NEC) meeting held on November 14th, 2014 at Uyo, Akwa Ibom State. An example of the NBA stamp is pictorially shown below. The red stamp is for those in the Public Practice while the green stamp, for those in the Private Practice.

It is instructive to know that, a lawyer in Nigeria can affix a seal issued 10 years ago on a process or letter if he still has it available and that does not invalidate the process or make it void.

There is a judicial position on this; In the case of Emechebe v. Ceto Intl ( Nig) Ltd. ( 2018 ) 11 NWLR (Pt 1631) 520. The Court of Appeal held that the primary purpose of the NBA stamp & seal affixed on legal processes and legal correspondences is to checkmate the influx of quacks lawyers, imposters & meddlesome interlopers, so they don’t infiltrate the legal profession & present themselves to litigants as legal practitioners. In the above case, the counsel affixed an expired seal on the process and the opposing counsel raised an objection on the ground that the counsel affixing an expired seal on the suit has invalidated the suit and therefore asked the court to strike out the suit. The court held that striking out the process would amount to pushing technicalities too far and that an expired seal does not and can not invalidate a process. This was the same position adopted by the Supreme Court in the case of Central Bank of Nigeria V. Eze & Ors (2021) LPELR.

The same goes for not affixing a seal at all on a legal process or legal correspondence, it does not and cannot invalidate the correspondence or the letter. This was the position of the Supreme Court in the case of All Progressive Congress v. Gen. Bello Sarki Yaki(2015) LPELP(25721) 1 at 6-7, where it held that failure of a lawyer to affix the seal and stamp on a pr

What is the meaning of a prenup? Pt. 1

A pre-nuptial agreement, or prenup, is an agreement entered into by a couple - preferably in good time before a marriage - which sets out how assets will be divided if they divorce or the marriage is dissolved. We hope they are never needed but they are there if the marriage ends.

It can be used to ‘ringfence’ any assets that one or both of them are bringing to the marriage, or that they may inherit during the marriage. Ideally, it’s quite a flexible document, dealing with how the impact of children, changes in employment or illness may affect the couple’s finances over the years, as we include provision for review.

Is it common for people to have prenups?
Since the landmark English case of Radmacher v Granatino in 2010, in which the court ruled for the first time that a prenup will be upheld unless one person can show why it shouldn’t be, prenups have become increasingly more common and popular.

We at AppyLaw have certainly noticed a rise in instructions, with many clients seeking to enter into them. Whilst not the most romantic of documents, it is sensible to think about what should happen if the marriage was to end – and this is often easier to do in happy times!

What will my parents think?
The reality of the situation is that it’s often parents who are the driving force behind any prenup, as they are often anxious to ensure that any assets they pass on will be protected, especially if there is a family business or trust to protect. We are aware though that it is often a hard topic to raise!

Sometimes we find it is the parents who are the ones who suggest these documents – this doesn’t mean they don’t like their future son-in-law or daughter-in-law and it certainly does not mean they think the marriage is doomed to fail.

When shall I raise it with my partner and how?
If you are the one asking for a prenup, you should ideally raise it with them as early as you can, to give them plenty of time to get used to the idea.

Prenups have a greater chance of being binding if they’re signed at least 21 days before the wedding, so no one can allege they were forced to sign under duress. It’s definitely better not to leave it to the week before the wedding, when there will be plenty of other stressful things to deal with.

Raising the issue of the prenup with your partner may not be as much of a big deal as it once were, particularly as they have become more common and more discussed within our culture. Given that the divorce rate is currently 42 per cent, most people can point to at least one couple who split acrimoniously and whose divorce took a real financial and emotional toll on them, which a pre-nup can help guard against.

It also gives you the chance to make sure you’re both on the same page regarding your future together – you can talk through your plans for children, how you will care for them, and what would happen if either of you struggled with long-term unemployment or ill-health. It’s far better to test out how you both feel about these sorts of issues before you commit to each other, rather than afterwards, and to do so in happy times.

The prenup can act as an insurance policy you can file away and hope you will never need, but knowing that it’s there – just in case – could bring some comfort.

What should you do if your partner asks you to sign a prenup?
The first thing you should do is consult a solicitor and make sure you are being properly advised. Don't be afraid to ask your solicitor to negotiate a fair deal for you. The prenup preparation offers you a good opportunity to understand exactly where you stand financially and what you might be able to expect should you get divorced. Going through a divorce is such a stressful time and if you therefore have the financial certainty of knowing what the financial settlement will be, that must be a good thing during a really hard process?

What do I do next?
Whether you, or someone you know is, considering asking a partner for a prenup, or have been asked to sign one, you should consult an experienced family lawyer and find out in detail the meaning and implications of a prenup for you. Please get in contact with the Family team.

Disclaimer: Anything posted in this blog is for general information only and is not intended to provide legal advice on any general or specific matter.

Cybersecurity – managing risks in the information age by Ugochukwu Obi

Culled from Business Day

As technology continues to advance at an unprecedented rate, our reliance on digital platforms has become ingrained in our daily lives. With this increasing interconnectivity, we must face the challenges posed by cyber threats head-on.

First and foremost, we must acknowledge the undeniable significance of cybersecurity in our hyperconnected world. Personal, financial, and even organizational information is stored within the digital realm, making it susceptible to breaches and attacks. These vulnerabilities can lead to financial losses, damage to reputations, and compromises of personal privacy and security. It is clear that the integrity and trustworthiness of our digital ecosystems hinge upon effective cybersecurity measures.

Now, let us explore the evolving landscape of cyber threats. No longer can we simply rely on traditional defences against common malware and phishing attacks. We must be prepared for sophisticated ransomware and even nation-state-sponsored intrusions. With the rise of the Internet of Things, artificial intelligence, and cloud computing, new vulnerabilities and attack vectors continue to emerge. Staying informed about these evolving threats is essential in order to effectively mitigate risks.

So, what proactive measures can we employ to bolster our cybersecurity efforts? Education and awareness play a crucial role in developing a proactive cyber defence. By educating individuals and organizations about the current threat landscape, we can promote responsible online behaviour. Emphasizing the importance of strong passwords, phishing awareness, and the dangers of sharing sensitive information are key components of this education.

Additionally, implementing robust network security measures is vital. This includes utilizing firewalls, intrusion detection systems, secure gateway protocols, and regularly updating software and operating systems. Encrypting sensitive data and limiting access to authorized users are fundamental steps to protect information. Strong authentication methods, role-based access controls, and encryption protocols all contribute to data security.

Preparedness is also essential when it comes to managing cyber incidents. Organizations should have well-documented incident response plans in place to mitigate threats and minimize damage. Regular testing and updating of recovery plans are crucial to ensure their effectiveness in an ever-changing landscape.

Read also: Growing Cyberattacks put innovative companies at greater risk – Michael Arov

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Collaboration between governments, organizations, and individuals is paramount in the battle against cyber threats. Governments can establish frameworks and regulations, while public and private entities can work together to share threat intelligence and develop countermeasures. By creating platforms for information sharing, organizations can stay ahead of emerging threats. Collaboration within industries and across sectors fosters a collective defence against cyber risks.

To effectively manage cyber risks, it is essential to implement real-time security monitoring of networks, systems, and applications. This enables timely detection and response to potential threats. Monitoring tools, coupled with security information and event management (SIEM) systems, provide valuable insights and assist in identifying malicious activities.

Leveraging threat intelligence sources, such as cybersecurity firms and government agencies, is another crucial aspect of managing risks. Staying informed about the latest threats, vulnerabilities, and attack techniques allows organizations to anticipate and proactively address potential risks. By utilizing this intelligence, organizations can enhance their overall cybersecurity posture.

Promoting a cybersecurity mindset within an organization is also key. Cultivating a culture of cybersecurity awareness and accountability creates an environment where employees feel comfortable reporting potential security incidents and following best practices. Encouraging open communication and providing regular training increases overall preparedness.

Regularity is equally important. Conducting assessments and audits of cybersecurity measures ensures compliance with industry standards and identifies vulnerabilities that need to be addressed. These assessments can be conducted internally or facilitated by external cybersecurity experts.

In conclusion, as our world becomes increasingly dependent on digital systems, robust cybersecurity measures are of utmost importance. Taking a proactive approach to managing cyber risks in the information age is vital. By implementing education and awareness programs, robust network security measures, proactive incident response plans, and fostering collaboration and partnerships, organizations and individuals can strengthen their cybersecurity posture. Continuous monitoring and leveraging threat intelligence are crucial to staying one step ahead of evolving threats. Ultimately, cultivating a cybersecurity culture that promotes vigilance, responsibility, and resilience is paramount to successfully managing risks in the digital age.

Together, we can navigate the complex landscape of cyber threats and work towards a safer and more secure digital future.

Africa's Cyber Security Threat
By Leo Komminoth

With the increasing use of digital technologies in areas such as healthcare and education, the security of personal data has become paramount.

The continent’s burgeoning digital economy is rife with opportunities for growth, but also presents challenges that must be addressed to ensure that the benefits of technology are fully realised.

One of the most significant challenges facing Africa is the lack of digital security infrastructure.

While many African countries focus on building reliable electricity and internet networks to grow their startup ecosystems, cybersecurity is often not given the priority it deserves.

Approximately 90% of African businesses are operating without cybersecurity protocols in place, making them vulnerable to cyber threats, such as hacking, phishing, and malware attacks.

The economic consequences of digital insecurity are already substantial. It is estimated that it costs South Africa $570m a year, Nigeria $500m and Kenya $36m.

In addition, surveys of CEOs in Africa have found that businesses are more reluctant than individuals to adopt and use the internet for e-commerce as a result of fear of insufficient data security – a sector which is projected to reach $180bn a year by 2025.

The lack of digital security in Africa is not just an issue for existing businesses, but also for startups. With the increasing use of digital technologies in areas such as healthcare and education, the security of personal data has become paramount.

If, for example, a startup facilitating communication between pharmacies and insurances companies was to experience a data breach, its clients’ personal information would be at high risk, potentially leading to identity theft and other forms of cybercrime.

What steps should be taken?

First, governments need to invest in cybersecurity strategies, including the establishment of regulatory frameworks and a greater focus on cybersecurity education, to ensure that the next generation is equipped with the knowledge and skills to tackle cyber threats.

Then, tech companies must develop solutions that are specifically tailored to the needs of African businesses. A recent success story, the South African startup Sendmarc, which raised $7m last week, has shown that there is a considerable interest from investors.

The potential of the digital economy in Africa is enormous, but things can go wrong if digital security is not given the attention it deserves.

Leo is a tech reporter for African Business, based in Dakar, and also works on data visualisations.

The Benefits of Protecting your Intellectual Property in Nigeria

Intellectual Property is an important asset and its value can only be fully realized and enjoyed only when fully protected. Nigeria has proven to be a major global hub for innovations in tech, music, movies, etc. The Nigerian FinTech and music industries’ annual monetary worth is said to be about $545 Million and $45 Million respectively. The Nigerian economy supports and values creativity and innovation and as a result, our laws make provisions for the protection of intellectual property. Intellectual Property includes trademarks, patents, copyrights, trade secrets and all form valuable assets which impacts on the value ascribed to a company for example in the event of an acquisition or disposal.

The protection of IP in Nigeria is mostly governed by the Trademark Act, and the Patents and Designs Act and the agency responsible is the Trademarks, Patents and Designs Registry of the Federal Ministry of Trade & Investment.

Nature of Intellectual Property

According to World Intellectual Property Organisation (WIPO), Intellectual Property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

A person’s Intellectual Property may be protected as a patent, copyright or a trademark. Patent protects your inventions such as when you invent something innovative i.e. a new software e.g. ChatGPT. Trademark protects the name, logo and symbols pertaining to your products or brand. Copyright protects your original works such as literary, musical, dramatic and artistic works, sound recordings, broadcasts including songs, movies, published articles, computer programmes, novels, etc. Patent and trademark must be registered before they can be protected from infringement or unauthorized use in Nigeria. Even though copyright can be registered in Nigeria, registration is not mandatory as original works are automatically protected when they are reduced into a definite form of expression from which it can be perceived, reproduced or communicated directly or with the aid of any machine or device.

The Benefits of Protecting your Intellectual Property

Intellectual property are assets and as a result they can be stolen, copied, adapted, and infringed upon in any possible way if not properly protected under the appropriate system created for their protection. The infringement would also not be re-dressable if the intellectual property is not protected. A well protected intellectual property guarantees the owner the following benefits:

It protects your creativity as the author of the work. Protecting your intellectual property ensures that your creativity is not taken advantage of without your authorization, thus leading to loss of patronage from customers and loss of revenue.
IP protection gives you a right to the exclusive use of your intellectual property. Any unauthorized use by any other person is an infringement that gives you the right to proceed against them to stop the unauthorized use and claim damages.
Protecting your intellectual property protects your brand against reputational damage. Your intellectual property such as your brand name and logo distinguish your business and set it apart from your competitors. If your intellectual property is not protected, counterfeit goods could be sold or poor services delivered with your brand name and logo which would affect the reputation and overall goodwill of your business.
It is a source of revenue or income. IP helps you to make money when you license, sell, or commercialize your creations or inventions.
IP can be used as a security for example whilst raising funds for your business. For instance, patents of an invention can be used as collateral for securing loans.

How to Protect your IP in Nigeria

It is very important that you take adequate measures to ensure you do not disclose your IP to anyone before they are fully registered . Your IP can be protected by registering it with the Trademarks, Patents and Designs Registry, and Nigerian Copyright Commission (NCC). For start-ups seeking investors, this should be done even before pitching your idea to any investor. Disclosure of your IP before registration could prejudice or affect your right over the IP if someone registers it before you. Most IP for example trademark and patent operates on the basis of “first to file” principle. Also ensure that your works that are eligible for copyright protection should be fixed in a definite form of expression before passing it to any other person.

Remedies for Breach of IP

The owner of an IP can seek available remedies in the court having jurisdiction where his IP has been infringed. The remedies available include:

Damages or accounts of profits. Damages could be awarded to compensate for the loss suffered as a result of the infringement. Alternatively, an account of profit could be ordered to enable the IP owner to recover all the profits made by the infringer from the unauthorized use of the IP.
This remedy operates to stop the infringer from continuing the unauthorized exploitation of the IP.
Delivery up for destruction. The court could make an order mandating the infringer to deliver up the infringing products and the devices used in making them for destruction.

Conclusively, Intellectual Property is an important asset, and its value can only be fully realized and enjoyed only when fully protected. Nigeria has proven to be a major global hub for innovations in tech, music, movies, etc. It is very important that you take adequate measures to ensure you do not disclose your IP to anyone before they are fully registered. Start-ups have to be particularly careful with the IP before pitching for investors. In the event that a protected IP is infringed, there are remedies available to the IP to the owner in the form of damages, injunction and destruction of the infringing products.

Current Intellectual Property Innovation in Nigeria

Current Intellectual Property Innovation in Nigeria
Intellectual properties (IP) are the intangible products of the intellectual exertion of individuals, like software developers, authors, or inventors, just to mention a few. Such an intangible may be mobile applications, like Mark Zuckerberg’s Facebook, designs, like Coca-Cola’s bottle shapes, novels, like J.K. Rowling’s Harry Potter series, or novel products or processes, like Johannes Gutenberg’s printing press.

There are protections attached to them, known as intellectual property rights (IPR), trademarks, industrial designs, copyright, patents, plant varieties, and trade secrets.

The government of countries vest these property rights to encourage and reward creativity and innovation.

The Nigerian intellectual property (IP) landscape has undergone various changes over time. While more advancements in Intellectual Property laws may quickly come to your mind as a possible development in Intellectual Property in Nigeria, the occurrence of certain Intellectual Property infringement issues and the acknowledgement of the same by the relevant parties through legal suits or public outcry are worthy of note. Furthermore, since Intellectual Property Rights thrive in the face of innovation and creativity, the increase in Nigerian startups is a relevant evolution. Intellectual Property’s recognition in Africa, as evident in the African Continental Free Trade Agreement (AfCFTA), is particularly relevant as well. In the present article, we will discuss some events that have affected the Intellectual Property environment in Nigeria.

The proliferation of startups and the need for Intellectual Property protection

There has been an evident boom in startups in Nigeria from online retail to health, financial, and education technology. Nigeria recorded the highest number of startups in Africa in 2020, with a total of 3300.

This increase in startups leads to increased innovations or creations that will benefit the country at large. For instance, ‘LifeBank‘, a health technology startup, ensures the mobilization of blood donations.

The various Intellectual Property Rights are needed for the adequate protection of these innovations or creations by these startups. For instance, while medical manuals or software codes can be copyrighted, user interfaces can be protected under design law, employee know-how and customer lists can be protected as trade secrets. However, these are not airtight provisions, as creation can be protected under more than one Intellectual Property right.

Furthermore, most, if not all, startups require funding. As a result, they often need to pitch their ideas and product to prospective investors. This may make them prone to Intellectual Property theft. As a result, concerted efforts to file for registration where necessary is paramount.

Topical issues on Intellectual Property

In Nigeria, we do not often experience copyright infringement suits in the entertainment industry. However, in March 2021, a 150 million naira copyright infringement suit by Jude Nnam threw open a wave of varying reactions from both informed and ignorant Nigerians. While others believed that there was a valid case and protested that the damages sought were small, others were certain the suit was “dead on arrival.”

Jude Nnam, a well known Catholic musician and composer of ‘som too chukwu’, sued E-money, KCee and 5 Star Music Ltd and sought for a declaration that the defendants infringed on his copyright by adapting, producing, distributing, marketing, and performing it without his authorization. It is hoped that this suit and the possible judgement will reshape the way Intellectual Property is viewed in the entertainment industry.

Year 2021 also had allegations of Intellectual Property theft by bigger companies against smaller ones or individuals.

In 2021, SideBrief, a Nigeria technology startup, took to its Twitter page to accuse Future Africa’s Adetola from appropriating its IP to build Norebase. They claimed that they had pitched their idea & product, but they were stolen. However, Adetola responded, debunking such accusations while giving a concise history of Norebase. This left Nigerians wondering about the actual situation and how often these occur. Perhaps, legal action will unravel the actual situation.

A report unravelled that Nigeria’s up and coming musician, G-kase (Friday Emeh), recorded a jingle for Shoprite and pitched it to his manager, Samuel Asegiemhe. Innocently, he sent the file to him while awaiting a response or monetary reward. However, the jingle was released without any of the above. After much squabbles, Shoprite commenced a 100 million naira suit against G-kase for copyright infringement for the use of ‘Shoprite’ in his song. The matter, Retail Supermarkets Nigeria Ltd v Mr. Friday Emeh, is still pending in the Federal High Court, Abuja.

Legal developments in Intellectual Property

In 2017, Nigeria ratified the WIPO internet treaties WIPO Copyright Treaty (WCT); WIPO Performances and Phonograms Treaty (WPPT) of 1996; WIPO Beijing Treaty for Protection of Audiovisual Performances of 2012 (BTAP); and the Marrakesh Treaty for the Blind and Visually Impaired Persons of 2013 (Marrakesh treaty). These treaties lay down international standards for copyright protection to meet up with technological developments. WCT protects authors of literary and artistic works, WPPT protects performers and producers of phonograms, and BTAP protects actors and performers in audiovisual performances. At the same time, the Marrakesh treaty ensures the production and transfer of books for blind or low vision persons. Although they are yet to be domesticated, which is a requirement for the enforcement of treatise, this is a welcomed development. This will help Nigeria meet up with international standards to ensure the protection of Intellectual Property.
In 2019, the Nigerian Trademark Registry started publishing its rulings. These rulings are based on opposition or rejection proceedings conducted by it. This will benefit IP practitioners, entrepreneurs, and even students as they get educated on the reasoning of the registry for any proceeding.
In compliance with sections 5(3) and 17(3) of the Patents & Designs Act 1970, on 17th and 26th March 2021, the Nigerian patent and design registry published its first editions of the Patents and Design Journal. This journal contains information about the patents filed to the registry. Hopefully, this will be helpful for inventors or their agents in conducting an effective patent search or for other research purposes.
Based on the international convention for the protection of new varieties of plants (UPOV), 1991, Nigeria enacted the Plant Variety Protection Act 2021. The act protects plant breeders and seeks to facilitate crop productivity and encourage investment in plant breeding and crop variety development. Before then, there was no law or regulation for plant variety protection. Due to the years, it takes to breed new plant varieties, its protection by IP laws is paramount to serve as an incentive to breeders.
In 2021, the Nigerian Copyright (Repeal) Bill 2015 was sent to the National assembly for its approval and enactment. The bill seeks to fill the loopholes in the actual copyright act. This is to ensure it tackles issues arising due to advancements in technology. Online piracy is one of these issues. Part II of the bill lists measures for tackling it, including the long-sort takedown and the safe harbour provisions for internet service providers. Furthermore, there is a restriction on the use or sale of technology or device to circumvent the protection of copyright.
Regional development in Intellectual Property

Due to the African Union’s goal to create a common market for intra-African trade in goods and services, the African Continental Free Trade Area (AfTCA) was established by the African Continental Free Trade Agreement, signed in 2018 by 44 countries.

This unarguably entails that there will be an exchange of innovation and creativity. As a result, part of its coverage includes the protocol on competition policy and intellectual property rights. Unlike before, IPR has not been a priority in African initiatives.

This will address the territorial nature of Intellectual Property Rights by providing a unified Intellectual Property law/policy for the protection and enforcement of Intellectual Property, thereby encouraging innovation and creativity among member states.

Conclusively, Innovations by startups, intellectual property claims, and advanced laws or structures have been highlighted as part of the transformations in the Nigerian Intellectual Property environment. While high innovations relate to the progress of Intellectual Property, it is not sufficient. The education of innovators or producers on the relevance of safeguarding their work will be far-reaching. Since public opinion may make infringers reconsider their stance, social media call-outs may prove helpful in some cases. However, they should not be relied on, especially on more complex issues. Alternative dispute resolution mechanisms and legal action are more effective options. Indeed, improvements in laws and policies both locally and regionally indicate Nigeria’s recognition of Intellectual Property and its importance, which in fact, has been part of the clamour over the years. However, these laws’ enforcement and correct interpretation must be achieved for a more significant impact. Intellectual property development should be embraced by all.

Disclaimer: The present article intends to provide general guidance on the subject, and you can also consult AppyLaw in your specific case.