Nigeria

Overview of Nigeria

 The Federal Republic of Nigeria (hereinafter referred to as "Nigeria") is located in western Africa and has a territory approximately 3.2 times that of Japan. The population is 213.4 million (2021), the largest on the African continent. The capital is Abuja, the official language is English, and the currency is Naira.

Exports to Japan amount to approximately 73.325 billion yen, with major items such as liquefied natural gas, sesame, aluminum, and aluminum alloys. Imports amount to approximately 30.521 billion yen, with the main items being passenger cars, steel, artificial fibers, seafood, etc. (2020). There are also companies from Japan that have entered the market (47 companies, as of January 2021).

The GDP in 2021 is approximately $441.5 billion (32nd largest in the world, 1st largest in Africa), and it is also included in the NEXT11, making it one of the largest economies in Africa. The level of education is relatively high, and education regarding electronic devices is particularly popular.

Nigeria is recognized by itself as one of the leading countries in Africa and has strong ties not only with the G7 countries but also with emerging countries, so high growth is expected in the future.

Therefore, there are merits for Nigeria to proactively file applications for intellectual property rights in the future.

Number of applications 2018 2019 2020
Patent Total number [items] 891 1122 1008
Foreign applications [cases] 509 683 598
PCT [items] 499 665 589
design Total number [items] 2191 2239 1216
Foreign applications [cases] 302 326 200
商標 Total number [items] 20725 18658 9324
Foreign applications [cases] 9504 7317 -
Number of registrations 2018 2019 2020
Patent Total number [items] - - -
Foreign applications [cases] - - -
design Total number [items] 2002 2740 1138
Foreign applications [cases] 300 201 138
商標 Total number [items] 6812 8329 2420
Foreign applications [cases] 3797 5867 -

(Source: WIPO IP Statistics)

 

 

Overview of intellectual property rights in Nigeria

Provide an overview of each jurisdiction. Patent rights and design rights are regulated by the ``Patents and Designs Act,'' and trademark rights are regulated by the ``Trade Marks Act.'' There is no equivalent to utility model rights in Japan.

  Patent design 商標
The need for a local agent want want Unknown
Application language English
Substantive examination system No No will get
Duration 20 years since application 5 years from application (can be extended twice every 5 years) 7 years from application (can be extended every 14 years from next time)
Objection No No February since release
Invalidation trial None (sue in court for invalidity) None (sue in court for invalidity) will get

Additionally, Nigeria is a member of the Paris Convention (September 1963.9.2, 2005.5.8), the Patent Cooperation Treaty (May 1993.9.14, 2005.4.28), the Berne Convention (September 1995.1.1, XNUMX), the Patent Law Convention (April XNUMX, XNUMX), and the TRIPs Agreement (January XNUMX, XNUMX). (date of accession is in parentheses).

 

 

About patent rights

Duration

・It has been 20 years since the application was filed.

Protection target

・Applicable to products that can be used industrially.

・Discovery of natural laws, things that violate public order and morals, and new species of plants and animals are excluded from the scope.

application

・Since Japan is a member of the Paris Convention, it is possible to claim priority based on Japanese patent applications.

・As Nigeria is a member of the PCT, Nigeria can be designated in PCT applications.

・Submit the application, specification (including drawings), claims, and other prescribed documents.

- The prescribed fee, the inventor's declaration (if priority is claimed, add a statement stating the date, application number, country, and applicant's name), and a power of attorney are also required.

- In the case of a priority claim, a copy of the earlier application certified as accurate by the industrial property office (or equivalent organization) of the country where the earlier application was filed must be submitted within three months of filing. Must be. If the application is in a language other than English, a translation with the name of the language shall be signed by the applicant or his agent and attached to the certified application.

・It is also possible to apply online.

Examination

・There is no examination request system, and examinations are conducted only on formality (whether the necessary documents and fees are provided) and unity of invention.

- If unity is not satisfied, division may be made within three months of notification to that effect.

・Substantive examination of description requirements, novelty, violation of public order and morals, validity of priority claim, etc. will not be conducted.

・Although there is no application publication system, a gazette will be published immediately after registration.

・There is no objection system.

  ⇒Because there is no substantive examination and the matter is dealt with in a trial of invalidity, self-investigation before filing is important.

Obligation to perform

- Must be implemented by the later of 3 years from the date of registration or 4 years from the filing date (if not used, it will be subject to compulsory license establishment).

Invalidation trial system

- Invalidation can be brought to court.

- Judgment will be made on a claim-by-claim basis.

・Novelty is based on domestic and foreign public knowledge and domestic and foreign publications.

- The grace period is within 6 months from the date of exhibition at an authorized international exhibition.

Others

- The patent maintenance pension paid to the Intellectual Property Office is USD 265.65 per year (same amount until the XNUMXth year).
 The deadline for paying the patent maintenance fee is the anniversary date of the filing date. However, a six-month grace period will be granted subject to the payment of additional fees.
 On the other hand, it should be noted that if the patent maintenance fee is not paid at the end of the six-month grace period, the patent will become invalid and irrecoverable.

・The time it takes from patent application to registration is 24 to 36 months. (According to the Research Report on Activities).

statistics

- Approximately 900 patent applications were filed in 2016, and over 90% were filed by overseas residents.

・The top three technical fields for patent applications (2002-2016) are electronic equipment/equipment/energy (about 20%), medical technology (about 12%), and medicine (about 11%).

 

 

 

About design rights

Application route

・It is possible to apply through the Paris route.

*Not a member of the Hague Agreement

Application language

English

Protection target

Lines or colors or a combination of both, and solid shapes (whether associated with color or not) are used by the creator as a model or pattern to be reproduced by industrial methods. , which is not intended only to obtain technical results.
A single design may be related to many industrial designs if the products related to the design belong to the same type or belong to the same category in a given classification. However, the upper limit is 50.

Multiple designs per application system

We are hiring.

Documents required for application

  • ①Application requesting registration of the said design.
  • ②The full name and address of the applicant and, if the address is outside Nigeria, the address for service in Nigeria;
  • ③ A sample of the design, or a representation of the design in the form of a photograph or figure, and the woodblock or other means of reproduction used to create the representation.
  • ④Indication of the type of product (or type of product if classification is specified) for which the design is used.
  • ⑤ Power of attorney.
  • ⑥ If priority is claimed, a certified copy of the priority certificate issued by the government, etc.

Application publication

Although there is no application publication system, registered designs are promptly published.

Objection system

There is no objection system.

Examination

・There is no review request system.

・The following will be examined:

  • (1) Is there a violation of public order and morals?
  • (2) Do the application documents meet the requirements?
  • (3) When using the multiple design system in one application, whether the products to which the designs relate are of the same type, or if classification is specified, whether they are of the same type.
  • (4) When claiming priority, whether the format of the declaration is satisfied and whether a certified copy of the earlier application has been submitted.

Invalidation trial system

- Invalidation can be brought to court.

・It becomes invalid in any of the following cases ①②③.

  • ① The design violates public order and morals.
  • ② The design is not new.
  • ③ There is a flaw in the attribution of the right to receive design registration.

Duration of design right

The period is 5 years from the date of application, and can be extended twice for 5 years (up to 15 years).

secret design system

You can request that the contents of your design be kept secret for a specified period of time within 12 months from the date of filing your application.

 

 

 

About trademark rights

Application route

・It is possible to apply through the Paris route. *Not a member of Madpro

Application language

English

Type of trademark

Word trademark, figure trademark, symbol trademark, combination trademark

Protection target

Goods/Services/Certification Trademarks/Defensive Marks

Note that trademarks used for pharmaceuticals and food must be registered as trademarks.

*On February 2023, 2, the Trademark Law was revised. The definition of goods has been revised to clarify that services can be used as trademarks.

Trademark classification

The international classification based on the Nice Agreement is adopted.

Documents required for application

  • ・Application form: Applicant (name/address)/trademark/designated product (*)
  • ・Priority information
  • ・Power of attorney (no authentication required)
  • ・Priority certificate
    (*) - Application - Classification system adopted

Application publication

If the trademark registration application is approved, it will be announced in the official gazette.

Objection system

Within two months from the application publication date. *Period cannot be extended

The applicant will be given an opportunity (in January) to file a reply. If a written answer is not submitted, the application will be withdrawn.

Examination

・Formal examination and substantive examination will be conducted.

・First-to-file and first-to-use principles coexist.

・Reason for non-registration: The following trademarks cannot be registered.

  • ① Trademarks that may cause misunderstanding or confusion.
  • ②Trademarks that violate public order and morals.
  • ③Scandalous design.

Invalidation trial system

There is an invalidation trial system.

Non-use cancellation system

If it has not been used continuously for five years or more from the date of registration, it will be subject to non-use cancellation.

Duration of trademark rights

It is valid for 7 years from the date of application, and can be renewed every 14 years from the next time.

 

 

 

Others

organ

Federal Ministry of Trade and Investment

Trademarks, Patents and Designs Registry

http://www.iponigeria.com

 

Patents and Designs Act

http://www.nigeria-law.org/Patents%20and%20Designs%20Act.htm

http://www.jpo.go.jp/shiryou/s_sonota/fips/pdf/nigeria/tokkyo_isho.pdf(特許庁による日本語仮訳)

 

Trademark Law “Trade Marks Act”

http://www.nigeria-law.org/Trade%20Marks%20Act.htm

http://www.jpo.go.jp/shiryou/s_sonota/fips/pdf/nigeria/shouhyou.pdf(特許庁による日本語仮訳)

 

 

Patent attorney specialist  Yoshiyuki Sumi


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