NIGERIA
Reported in 2021, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
High thresholds for international competitive tenders
Nigeria mandates that government entities must engage in competitive bidding for procurements exceeding NGN 2.5 million (approximately USD 5,747). For contracts above this threshold but below NGN 100 million (approximately USD 229,885) for goods and NGN 1 billion (approximately USD 2.3 million) for services and works, only Nigerian-owned companies are eligible to bid. For procurements exceeding these amounts, both Nigerian and foreign-owned companies are allowed to participate in the competitive bidding process. However, it's important to note that this specific bidding requirement is not explicitly stated in regulatory texts.
Coverage Horizontal
NIGERIA
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Nigeria is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
NIGERIA
Since January 1995
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Nigerian Investment Promotion Commission Act, 1995
In 1995, the Nigerian Investment Promotion Commission Act opened all sectors to foreign participation. It allows for full foreign ownership of firms in all but the petroleum sector, where investment is limited to existing joint ventures or new production-sharing agreements.
Coverage Horizontal
Sources
NIGERIA
Since December 1971
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Patents and Designs Act (Chapter 344, Laws of the Federation of Nigeria 1990)
The main statute that governs patent law in Nigeria is the Patents and Designs Act. Section 3.1 of the Patents and Designs Act requires that foreign applicants have an address for service in Nigeria. It is also reported that foreign applicants must perform patent prosecution through a registered Nigerian Patent Attorney.
Coverage Horizontal
Sources
- https://wipolex.wipo.int/en/legislation/details/5414
- https://web.archive.org/web/20230130114016/https://www.ip-coster.com/IPGuides/patent-nigeria
- https://web.archive.org/web/20231206115844/https://www.mondaq.com/nigeria/trademark/1112730/intellectual-property-in-nigeria-a-summary-of-protectable-rights-in-nigeria
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NIGERIA
Since January 2004
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Nigeria is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
NIGERIA
Since December 1988, last amended in 2004
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright Act (Chapter 28, Laws of the Federation of Nigeria 2004)
Nigeria has a clear regime of copyright exceptions that follows the fair dealing model, which enables others to make the lawful use of copyrighted work. Section 6 of the Second Schedule of the Copyright Act lists the exceptions, which include research, private use, criticism or review or the reporting of current events subject to the condition that, if the use is public, it shall be accompanied by an acknowledgement of the title of the work and its authorship, except where the work is incidentally included in a broadcast.
Coverage Horizontal
NIGERIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
10.59%
Coverage rate of zero-tariffs on ICT goods (%)
2%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
NIGERIA
Reported in 2022, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
It has been reported that intellectual property rights (IPR) enforcement agencies lack the necessary resources and inter-agency cooperation to improve enforcement. In addition, it is reported that pirate websites have kept local filmmakers suffocated in recent years by uploading popular titles to the Internet for download once such films hit theatres or debut on streams platforms.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231227051022/https://www.thecable.ng/nigerian-filmmakers-pay-tv-sector-in-chokehold-of-digital-piracy/
- https://web.archive.org/web/20240927205533/https://ustr.gov/sites/default/files/2020_National_Trade_Estimate_Report.pdf
- https://web.archive.org/web/20231106080406/https://ustr.gov/sites/default/files/2020_National_Trade_Estimate_Report.pdf
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NIGER
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Niger has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
NIGER
Since December 2002
Pillar Technical standards applied to ICT goods and online services |
Indicator Open and transparent standard-setting process
Law No. 2002-028 of 31 December 2002 Establishing Standardisation, Certification and Accreditation in Niger (Loi No. 2002-028 du 31 décembre 2002 instituant la normalisation, la certification et l'accréditation au Niger)
Niger has a national structure responsible for developing standards called the Nigerien Standardisation of Metrology and Certification Agency. According to Art. 2.1 foreign companies are not authorised to be members of this standardisation organisation. However, upon request from economic partners or if necessary, technical standardisation committees are created (Art. 3). The foreign companies can express their opinions in this technical committee.
Coverage Horizontal
NIGER
Since December 2002
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Law No. 2002-028 of 31 December 2002 Establishing Standardisation, Certification and Accreditation in Niger (Loi No. 2002-028 du 31 décembre 2002 instituant la normalisation, la certification et l'accréditation au Niger)
Type approval procedures in Niger are regulated by the Autorité de Régulation des Communications Électroniques et de la Poste (ARCEP). The conformity requirements are basically identical to those of the European Union (Declaration of Conformity according to EU Directive 2014/53/EU). The homologation process in Niger does not require local laboratory testing or contact with local representatives.
According to Arts. 2, 3 and 14 of of Law No. 2002-028, third-party certification from Conformity Assessment Bodies (CABs) that are recognised (or approved) by the regulator are accepted. However, certification from CABs is not always mandatory.
According to Arts. 2, 3 and 14 of of Law No. 2002-028, third-party certification from Conformity Assessment Bodies (CABs) that are recognised (or approved) by the regulator are accepted. However, certification from CABs is not always mandatory.
Coverage Horizontal
NIGER
Reported in 2022, last reported in 2024
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Low of de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 20, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
NIGER
Since May 2015
Since October 2019
Since October 2019
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Law No. 2015-24 of 11 May 2015 determining the fundamental principles of consumer protection in the Republic of Niger (Loi No. 2015-24 du 11 Mai 2015 déterminant les principes fondamentaux de la protection des consommateurs en République du Niger)
Law No. 2019-50 of 30 october 2019 determining consumer protection offences and penalties (Loi No. 2019-50 du 30 octobre déterminant les infractions et leurs sanctions en matière de protection des consommateurs)
Law No. 2019-50 of 30 october 2019 determining consumer protection offences and penalties (Loi No. 2019-50 du 30 octobre déterminant les infractions et leurs sanctions en matière de protection des consommateurs)
Law No. 2015-24 and Law No. 2019-50 provide a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230419132634/https://unctad.org/page/cyberlaw-tracker-country-detail?country=ne
- https://web.archive.org/web/20190911231210/https://www.presidence.ne/conseils-des-ministres/2019/9/10/qnhmroke1vs6i92769sh04bmlbdwsu
- https://web.archive.org/web/20241115183955/https://www.africa-laws.org/Niger/Consumer%20Law/Loi_n_2019_50_d%C3%A9terminant_les_infractions_et_leurs_sanctions_en_mati%C3%A8re_de_protection_des_consomma...
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NIGER
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications
Niger has not signed the United Nations (UN) Convention on the Use of Electronic Communications.
Coverage Horizontal
NIGER
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Niger has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
