NIGERIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Nigeria has no rules applicable to the protection of trade secrets.
Coverage Horizontal
NIGERIA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that is no obligation for passive infrastructure sharing in Nigeria to deliver telecom services to end users. However, it is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
NIGERIA
Since January 2019
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Mandatory disclosure of business trade secrets such as algorithms or source code
Lawful Interception of Communications Regulations, 2019
Rule 11 (1) of the Lawful Interception of Communications Regulations, 2019 prohibits licensees from providing any communications services that cannot be monitored and intercepted. Further Rule 9(1) of the same regulations states that where communication intercepted is encrypted, the communications service provider is required by the regulator to provide the key, code or access to the encrypted communication.
Coverage Telecommunications sector
NIGERIA
Since January 2018
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Nigeria has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
NIGERIA
Since December 2013, last amended in August 2019
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Mandatory disclosure of business trade secrets such as algorithms or source code
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT), 2019
The National Information Technology Development Agency (NITDA) under the supervision of the Federal Ministry of Communications and Digital Economy in line with its enabling law has promulgated Guidelines for Nigerian Content Development in Information and Communication Technology (ICT), 2019, which apply to state entities as well as private enterprises and individuals. The guidelines require that multinational companies provide verifiable information and sign affidavits about the origin, safety, source, and workings of software being sold and deployed within Nigeria in order to "ascertain the full security of the product and protect national security" as well as to assure the full security of source code. It is not clear whether this could potentially lead to disclosure of source code.
Coverage Software
NIGERIA
Reported in 2018, last reported in 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that the rate of unlicensed software installation in the country was 80% in 2017 (above the 56% rate of the Middle Eastern and African countries), for an estimated commercial value of USD 123 million. In addition, it is reported that, while Nigerian officials made several arrests stemming from anti-piracy operations, it is reported that enforcement agencies lack sufficient resources and interagency cooperation to enhance enforcement of IP rights.
Coverage Horizontal
NIGERIA
Since January 2018
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Nigeria has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
NIGERIA
Since December 1988, last amended in 2004
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar 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 the lawful use of copyrighted work by others. 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 acknowledgment of the title of the work and its authorship, except where the work is incidentally included in a broadcast.
Coverage Horizontal
NIGERIA
Since January 2004
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Nigeria is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
NIGERIA
Since December 1971
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar 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
NIGERIA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
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 December 2013, last amended in August 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT), 2019
According to Section 13.2 of the Guidelines for Nigerian Content Development in Information and Communications Technology (ICT) requires Ministries, Departments & Agencies (MDAs) to ensure that all sovereign data is hosted locally on servers within Nigeria. The MDAs should also make mandatory the presence of system logs and other computer data logging technologies to aid in the effective troubleshooting and forensic investigation of events in Government systems.
Coverage Government data
NIGERIA
Since May 2017
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Executive Order No. 003 of 2017 "On support for local contents in public procurement by the Federal Government"
Under the Executive Order No. 003 of 2017 signed by Acting President Yemi Osinbajo, the Federal Government of Nigeria established that all Nigerian ministries, departments, and agencies are obliged to grant preferential treatment to locals in the public procurement processes. The Executive Order specifies that 'Made in Nigeria' products are given preferential treatment in all public procurement processes concerning several goods and services, including information and communication technology (ICT). According to the Order, "at least 40% of the procurement expenditure on these items in all [federal ministries] shall be locally manufactured goods or from local service providers".
Coverage Horizontal
NIGERIA
Since December 2013, last amended in August 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT), 2019
The National Information Technology Development Agency (NITDA) under the supervision of the Federal Ministry of Communications and Digital Economy in line with its enabling law (NITDA Act, 2007) issued the the Guidelines for Nigeria Content in ICT in 2013. The guidelines apply to state entities as well as private enterprises and individuals. One of the requirements in Section 9.4 (1) is that Ministries and other government entities source and procure 40% computer hardware and associated devices only from National Information Technology Development Agency (NITDA) approved Original Design Manufacturers (ODMs) or Original Equipment Manufacturers (OEMs).
Coverage ICT hardware
NIGERIA
Reported in 2016, last reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Local content requirements and lack of transparency in government procurement
It is reported that foreign companies may be subject to a local content or other localization requirement (e.g., partnership with a local partner firm or joining a consortium). Also, companies have expressed concerns about corruption and lack of transparency in procurement processes.
Coverage Horizontal