Owing to the trends and challenges of the intellectual property in global economy, Nigeria has signed several international treaties and conventions in order to create a high-speed development channels, protect intellectual property as intangible business assets, and protect trademarks and product quality. Nigeria is a member of the Paris Convention for the Protection of Industrial Property (Lisbon version), Berne Convention and Universal Copyright Convention. It joined the World Intellectual Property Organization (WIPO) in 1995.　　The following departments in Nigeria are in charge of IPR protection and management as well as technology information: the Ministry of Commerce is responsible for the registration and administration of trademarks, patents and industrial designs; the Nigerian Copyright Commission is responsible for the protection and administration of all copyrights and related rights and interests; National Office of Technology Acquisition and Promotion (NOTAP) is in charge of the introduction of key technologies, and its subordinate Patent Information and Documents Center (PIDC) provides information to enterprises and research institutes for free; National Agency for Food and Drug Administration and Control (NAFDAC) is responsible for the supervision of fake and counterfeit drugs and other consumables; Nigeria Broadcasting Commission (NBC) is responsible for regulating the broadcast industry in Nigeria, i.e. television, radio, cable and satellite transmissions and the National Film and Video Censors Board (NFVCAB) which assesses, classifies and registers films and video works and the film outlets across the country, monitors the films and film outlets.　　Nigeria has adopted a series of legal documents related to intellectual property, mainly involving patents, trademarks and copyrights. Although there is no legal provision on geographical indications, integrated circuit designs and undisclosed information in current legislation, the Industrial Property Bill which is in the National Assembly does have provisions on geographical indications and integrated circuits. The current laws still have some imperfections, for example, the Patent and Designs Act provides that the examiner can grant and publicize patent if the documents are complete, but does not require the examiner to make substantive examination on patent application; the Copyright Act does not cover computer program or database; the Trademarks Act does not have provisions on criminal procedures and penalties. Nevertheless, these laws are in line with the WTO rules, and do not violate the principle of national treatment.　　

Trademark

　　In Nigeria, trademarks are regulated by the Trademarks Act, cap T13, LFN 2004. The act came into force on June 1, 1967 and does not provide provisions for the registration of service marks, although in 2007 the Registrar of Trademarks, Patents and Designs did add classify a list of services under the Trademarks Regulations and since then certificates have been issued for registration of service marks.　　If the registrar is satisfied that the trademark is registrable and free for registration, he will issue an acceptance to the applicant. The application is then advertised in the Trademarks Journal - this is to allow third parties to oppose the registration of the application. If no opposition is filed against the registration within two months of publication, the trademark is registered.　　The processing of an application through to registration takes between 12 and 24 months. Once the trademark has been registered, it is effective from the date of filing and will remain in force for a period of 7 years, renewable every 14 years thereafter.　　The Trademarks Registry is not automated, and therefore all matters relating to trademarks (i.e., searches, acknowledgements, acceptances, registrations) are dealt with manually. This inadequacy sometimes leads to errors such as double registration, which occurs where the registrar erroneously accepts a trademark that is identical to an already registered or accepted trademark. When the true owner of a trademark finds itself in this situation, it must establish its entitlement to the trademark, as registration in Nigeria is based on a first-toile system.　　

Copyright

　　The Copyright Act was enacted in 1988. In Nigeria, copyright in a work means that its author has the exclusive right to control certain actions in respect of the whole or a substantial part of a work, either in its original form or in any form recognizably derived from the original. However, this is subject to certain statutory exceptions, including carrying out a specified act for research purposes, private use, criticism or review and use in prescribed educational institutions.　　The works eligible for copyright protection include literary, musical and artistic works, cinematographic films, sound recordings and broadcasts. Works which constitute important aspects of IPR in Nigeria can contribute tangibly to the economic development of the country.　　For a work to be eligible for copyright protection it must be original. A literary, musical or artistic work will not be eligible for copyright unless it has been fixed in a definite medium from which it can be perceived, reproduced or otherwise communicated either directly or with the aid of any machine or device. The author has a right over the reproduction of the work. There is no registration requirement for copyrights in Nigeria. A Copyright is vested automatically by the Copyright Act in all eligible works that qualify for protection.　　The Nigerian Copyright Council is the statutory body charged with the administration of all copyright matters in Nigeria. The council runs seminars and workshops to educate the general public and authors on copyrights. Its functions include prosecution for acts of piracy and other forms of copyright infringement; regulating conditions for the conclusion of bilateral and multilateral agreements between Nigeria and other countries, and maintaining an effective database on authors and their works. The council also issues certificates of notification to copyright owners that notify it of their rights in the work. The law prescribes both civil and criminal sanctions for copyright infringement.

Provided by Strachan Partners in Nigeria.

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