Welcome to the first edition of our Intellectual Property (“ÏP”) Update Newsletter in 2025! In this issue, we explore the evolving IP landscape in Nigeria, keeping you informed on the latest IP trends and developments.
UPDATE ON THE ADMINISTRATIVE PROCEEDINGS COMMITTEE OF THE CAC
In a notice dated February 6, 2025, and signed by its management, the Corporate Affairs Commission (CAC) announced the establishment of the Administrative Proceedings Committee (APC) in line with Section 851 of CAMA 2020. This section provides a platform for individuals with grievances or complaints related to a registered entity to report such matters to the APC. The committee will handle non-criminal disputes arising from the day-to-day operations of these entities.
The APC is a new provision under CAMA, introduced to enhance the ease of doing business and ensure sustainability for companies, clubs, associations, and NGOs. Notably, the committee’s decisions, once confirmed by the Board, become the official position of the Commission. Any aggrieved or dissatisfied party retains the right to appeal to the Federal High Court of Nigeria.
Registered organizations are encouraged to take advantage of this innovative provision to resolve disputes amicably and in a timely manner.
WIPO’S NATIONAL IP STAKEHOLDERS’ FORUM
On Wednesday, February 5, 2025, the WIPO Nigeria Office hosted key IP stakeholders, top Nigerian government officials, legal practitioners, innovators, creatives, and other industry leaders at the United Nations House, Abuja. The event marked five years of WIPO Nigeria’s contributions to the country’s and sub-Saharan Africa’s IP ecosystem and provided a platform to share insights on the theme “Future Perspectives on IP & Development in Nigeria”.
A key highlight of the event was the keynote address by Former Vice President of Nigeria, Prof. Yemi Osinbajo, SAN, GCON, on “Innovation and Creativity as Tools for Economic Development in Nigeria.” Special remarks were also delivered by Ms. Hannatu Musawa, the Honourable Minister of Arts, Culture, Tourism, and the Creative Economy, alongside representatives from the Honourable Minister of Industry, Trade & Investment, the Honourable Minister of Foreign Affairs, and the heads of key agencies, including the Nigerian Copyright Commission, Trademarks Registry, Patent and Designs Registry, Plant Variety Protection Office, and the National Office for Technology Acquisition and Promotion.
Stakeholders reaffirmed their support for WIPO Nigeria and called for enhanced collaboration between the Nigerian government and the WIPO Nigeria Office to drive innovation and strengthen the country’s IP landscape.
CASE UPDATE – FEDERAL HIGH COURT AFFIRMS FCCPC’S REGULATORY AUTHORITY ACROSS ALL SECTORS
The Federal High Court in Lagos recently ruled in favor of the Federal Competition and Consumer Protection Commission (FCCPC), affirming its authority to regulate competition and consumer protection across all sectors, including telecommunications.
The case arose from a challenge by a litigant who argued that the Nigerian Communications Commission (NCC) should have exclusive regulatory authority over the telecommunications sector. However, the court clarified that the FCCPC and NCC share concurrent jurisdiction and emphasized that the FCCPC has distinct powers to enforce fair competition and consumer protection.
This ruling reinforces the FCCPC’s mandate in promoting competitive markets and safeguarding consumer rights across Nigeria’s economy.
INTELLECTUAL PROPERTY AUTOMATED SYSTEM (IPAS) UPGRADE IN NIGERIA
Nigeria recently upgraded its Intellectual Property Automated System (IPAS) to IPAS 4 as part of a collaborative project with the World Intellectual Property Organization (WIPO).
The new IPAS 4 leverages advanced, cloud-based technologies to enhance the security and efficiency of hosted IP data. WIPO utilizes the IPAS platform to store and manage internationally generated IP data, including Patent Cooperation Treaty (PCT) applications and international trademark registrations under the Madrid System.
While WIPO oversees system maintenance, data hosting, and infrastructure, the Nigerian IP office retains full control over the IPAS 4 system hosted in the cloud. Additionally, training sessions have been conducted to familiarize stakeholders with the enhanced functionalities of the upgraded system.
This upgrade marks a significant step towards a more secure and efficient IP management framework in Nigeria.
NBTI STRENGTHENS INTELLECTUAL PROPERTY PROTECTION THROUGH STRATEGIC PARTNERSHIPS
The National Board for Technology Incubation (NBTI) has reinforced its commitment to fostering innovation and protecting IP rights in Nigeria through key partnerships with the Nigerian Trademarks Registry and the Patents and Designs Registry under the Federal Ministry of Industry, Trade and Investment.
In a bid to enhance the ease of doing business, improve certification processes, and boost Nigeria’s global competitiveness, NBTI has partnered with the Trademarks Registry to simplify the trademark registration process for entrepreneurs. This initiative will ensure a seamless and efficient filing, examination, and branding experience, ultimately fostering innovation and economic growth.
Speaking on the collaboration, Dr. Kazeem Kolawole Raji, Director General/CEO of NBTI, reaffirmed the agency’s commitment to empowering start-ups and entrepreneurs through robust IP protection.
NBTI is also collaborating with the Patents and Designs Registry to establish a Technology Innovation Support Centre (TISC) in Nigeria. This initiative, introduced by the World Intellectual Property Organization (WIPO), aims to provide inventors with access to technology information, existing patents, and expired patents that can serve as a foundation for further innovation.
During a courtesy visit to the NBTI headquarters in Abuja, Mrs. Jane Igwe, Director and Head of the Patents and Designs Registry, emphasized the critical role of patents in safeguarding the IP of Nigerian inventors and entrepreneurs. She noted that similar TISCs have been established in research institutes and play a crucial role in driving technological breakthroughs.
Dr. Raji further reiterated that NBTI serves as a hub for technology-driven entrepreneurship, guiding innovators from ideation to commercialization. He emphasized the need for strong advocacy and stakeholder engagement to educate Nigerians on the importance of patenting inventions and innovations—a vital step in protecting IP, preventing exploitation, and promoting economic prosperity.
These partnerships signal a new era of collaborative efforts in strengthening Nigeria’s IP ecosystem, ensuring that innovators and businesses can thrive in a protected and supportive environment.
Should you have any queries, do not hesitate to contact us at livenworth@outlook.com so we can direct the questions accordingly.
