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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NIGERIA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Nigeria is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- 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
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NIGERIA
Since December 2013, last amended in August 2019
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT)
In 2013, the National Information Technology Development Agency (NITDA) promulgated guidelines concerning Nigerian content in the information and communications technology sector, with subsequent amendments in 2019. These guidelines are applicable to both public sector entities and private enterprises. Section 10.4 (1-2) mandates that ministries and government agencies procure software exclusively from local and indigenous software development firms. Where local software development capacity is inadequate, a Nigerian company is required to undertake the procurement, installation, and support of the software.
Coverage ICT software
NIGERIA
Since February 2018
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Executive Order 5/2018 on Indigenous Professionals in Science, Engineering and Technology
In February 2018, Executive Order 5 introduced additional restrictions and obligations for public procurement in the fields of science, engineering, and technology. The order specifies that only when expertise is lacking domestically, procuring entities can prioritise foreign companies or firms that present verifiable plans for indigenous capacity development before awarding contracts. Furthermore, ministries, departments, and agencies are required to engage indigenous professionals in the planning, design, and execution of national security projects. Consideration may only be given to foreign professionals if the appropriate authority certifies that the necessary expertise is unavailable within Nigeria.
Coverage Horizontal
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
