THE PROTECTION OF FOREIGN INTELLECTUAL PROPERTY RIGHTS IN NIGERIA
Nigeria, often termed "the Giant of Africa", is a target for goods and services from around the world. Interestingly, many overseas brands that have secured their intellectual property rights (IPRs) in major international markets have, nevertheless, neglected to register or otherwise protect their rights in Africa's most populous country.
In the realm of trademarks, for instance, the World Intellectual Property Organization's definition of what constitutes a "famous" trademark, which would be granted implied protection in a jurisdiction such as Nigeria's, has several elements; making it unclear whether a very old and widely-used foreign mark would so qualify. The remedy is to take the preemptive step of registering such a mark in this jurisdiction, albeit defensively.
Thus, foreign companies operating globally should be proactive about securing their relevant IPRs in every major region of the world; and, in the case of Africa, it is submitted that Nigeria is a prime jurisdiction warranting protection of internationally-exploited Intellectual Property.
The article linked hereto explores the various categories of IP that are recognised in Nigeria; it touches on the forum for enforcement of IPRs, discusses the process for prosecution, and gives an overall strategy and checklist for protection of Intellectual Property within the Nigerian jurisdiction. To read further, click this link:
https://www.dropbox.com/s/283eojvjv1sxhbo/THE%20PROTECTION%20OF%20FOREIGN%20INTELLECTUAL%20PROPERTY%20RIGHTS%20IN%20NIGERIA-CHIKE%20EKWUEME.pdf?dl=0
Chike Ekwueme
EKWUEME, EKWUEME & EKWUEME (SOLICITORS)
AVPC SUITES, FORESIGHT HOUSE, 163/165 BROAD STREET,
P.O. BOX 9030, MARINA
LAGOS – NIGERIA
+234(0)8181721138