Top Tier Commercial Law firm in Nigeria

• A recent training programme for Nigerian judges hosted by INTA represents a key step towards improving the country’s IP landscape

• The workshop addressed the lack of specialised knowledge and expertise among trademark officials and judges

• The workshop provided them with the tools and knowledge necessary to handle IP cases more efficiently

Background

IP rights are critical to fostering innovation, creativity and economic growth, yet their effective enforcement remains a challenge in many jurisdictions. Nigeria, a key player in the international trade market, boasts a robust legal framework and structure for adequate IP protection; nevertheless, issues such as counterfeiting, piracy and IP rights infringement continue to plague both physical and digital markets. These challenges are largely due to gaps in Nigeria’s IP enforcement system – hence the need for an improved approach towards ensuring the effective enforcement of IP rights within the jurisdiction.

INTA workshop

The International Trademark Association (INTA) recently hosted a specialised training programme for Nigerian judges aimed at enhancing the enforcement of IP rights. This initiative represented a key step towards improving the country’s IP landscape and supporting both local and international businesses operating in Nigeria, bringing together key figures and institutions in the

Nigerian IP sector. Topics covered during the workshop included:

• an overview of IP rights;

• the trademark prosecution process and standards of examination;

• the procedure of appeals from the Trademark Tribunal;

• cancellation and rectification actions;

• Anton Piller orders and ex partepreservatory orders;

• well-known trademarks;

• cross-border IP enforcement; and

• the role of the judiciary in combating online IP infringements, particularly through dynamic blocking injunctions.

Key points

Through this knowledge-sharing initiative, Nigerian IP enforcement systems have taken a significant step forward towards achieving both judicial and procedural improvements in the following areas.

Increased knowledge and expertise

IP enforcement has become increasingly challenging in the digital age. New technologies constantly create opportunities for infringement, often outpacing the ability of enforcement agencies and judicial systems to respond. Nigeria has faced issues such as cybersquatting, digital piracy and trademark squatting. A key factor in these issues has been the lack of specialised knowledge and expertise among trademark officials and judicial officers. This gap has sometimes resulted in inconsistent enforcement and delays. The workshop addressed this gap, equipping Nigerian judges and officials with the tools they need to improve accuracy and efficiency in handling IP cases. Efficient and strict standards in trademark prosecution and dispute resolution are now expected.

Eradication of delays in judicial process

Delays in processing IP cases represent a major issue in Nigeria's judicial system. These delays can have serious consequences for rights holders. The workshop highlighted the need for timely and effective remedial measures, such as Anton Piller and ex parte preservatory orders, as well as dynamic blocking injunctions.

Efficiency in the use of these mechanisms will help prevent ongoing infringements while legal proceedings unfold, providing quicke resolutions for rights holders and creating a reliable legal system that attracts foreign investors to a secure legal environment

Efficiency in trademark prosecution and case handling

Trademark prosecution and case handling in Nigeria have historically faced delays, controversial office actions and inconsistencies in tribunal decisions. With specialised training on the proper trademark examination standards and the appeals/rectification procedure and the recognition of well-known trademarks and cross-border enforcements, trademark officials and judges are now further empowered with tools and knowledge to handle IP cases more efficiently, reducing backlogs and ensuring faster, more accurate resolutions.

Comment: the role of stakeholders in IP enforcement

Whilst institutional reforms are crucial for strengthening IP enforcement in Nigeria, stakeholders – particularly IP firms – also have a key role to play. IP firms should lead in advocating for robust IP protection. Beyond providing legal counsel, it is crucial to raise awareness through workshops, seminars and training programmes. It is also important to advocate for critical policy reforms and set legal precedents in trademark disputes, counterfeiting and piracy through litigation efforts. These efforts will help businesses protect their valuable IP assets and contribute to building a stronger, more effective IP enforcement system in Nigeria.

"This article first appeared in WTR Daily, part of World Trademark Review, in (month/year). For further information, please go to www.worldtrademarkreview.com."

Strengthening IP enforcement in Nigeria: impact of INTA’s virtual workshop for judges - WTR