Intellectual Property as stated in an earlier article of mine involves a class of legal ownership rights covering scientific, business/corporate identity markers, creative, artistic literary and technical works in the form of copyrights, trademarks, merchandise marks, and patents/marked industrial designs.
However, Nigerian law has a number of applicable remedies for the infringement of these rights which can happen in various forms of unauthorized usage of intellectual property, and as a result this article will be looking at Intellectual Property disputes, with a focus on :-
– Types of Intellectual Property infringements
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– The legal frameworks governing Intellectual Property rights in Nigeria
– The Jurisdiction to entertain Intellectual Property disputes
– The means of enforcing Intellectual Property rights
Who has the original jurisdiction to hear and adjudicate on Intellectual Property disputes in Nigeria?
The Federal High Court of Nigeria is vested with the original jurisdiction to entertain Intellectual Property disputes in Nigeria by virtue of the Constitution of The Federal Republic of Nigeria.
What are the relevant components of the legal framework governing Intellectual Property rights and disputes in Nigeria?
Intellectual Property rights in Nigeria are governed by the following laws :-
– The Cybercrimes Act of Nigeria
– The Trademarks Act of Nigeria
– The Patents and Designs Act of Nigeria
– The Copyright Act of Nigeria
– The Merchandise Marks Act of Nigeria
What are the types of intellectual property right infringements possible under Nigerian law?
Intellectual Property rights are said to be infringed upon when –
– Done for commercial/business or industrial purposes (regarding patents and industrial designs which can include tech-based coding architectural plans).
– An unauthorized party makes use of a trademark or intellectual property right attached to an identifying mark registered and owned by another party (individual/corporate) which can include a government.
– An unlicensed party taking over and passing off a creative work (including but not limited to literary, research, cinematographic, musical or artistic works) actually belonging to another party as its own, whether for commercial benefits or otherwise (this is with respect to copyrights).
What are the available legal remedies for intellectual property right infringements under Nigerian law?
Legal remedies for intellectual property right infringements in Nigeria include the following :-
– Injunctions :- These are court orders , usually in the form of Anton Pillar injunctions, aimed at, as a matter of urgency, halting ongoing Intellectual Property rights infringements.
– An award of damages by the Federal High Court for infringements.
– Orders for inspection and seizure.
Would it be possible to refer Intellectual Property disputes to alternative dispute resolution methods like arbitration?
It would seem that intellectual Property disputes can be referred to arbitration by virtue of the new Arbitration and Conciliation Act of Nigeria 2023, but this would still require certain pre-conditions like the consent of all parties involved and compliance with the provisions of the Federal High Court rules regarding alternative dispute resolution.