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HARAKENZO
WORLD PATENT & TRADEMARK


OSAKA
HEAD OFFICE

DAIWA MINAMIMORIMACHI BLDG.,
2-6, 2-CHOME-KITA, TENJINBASHI,
KITA-KU,OSAKA 530-0041 JAPAN
TEL:+81-6-6351-4384
(Main Number)
FAX:+81-6-6351-5664
(Main Number)
E-Mail:

TOKYO
HEAD OFFICE

WORLD TRADE CENTER BLDG. 21 F,
2-4-1, HAMAMATSU- CHO, MINATO-KU,
TOKYO 105-6121,JAPAN
TEL:+81-3-3433-5810
(Main Number)
FAX:+81-3-3433-5281
(Main Number)
E-Mail:


HIROSHIMA
OFFICE

NOMURA REAL ESTATE HIROSHIMA BLDG. 4 F, 2-23 TATEMACHI, NAKA-KU, HIROSHIMA CITY, HIROSHIMA 730-0032, JAPAN
TEL:+81-82-545-3680
(Main Number)
FAX:+81-82-243-4130
(Main Number)
E-Mail:

To be opened
on March.1.2018

NAGOYA
OFFICE

GLOBAL GATE 9F, 4-60-12 HIRAIKE-CHO, NAKAMURA-KU, NAGOYA-SHI, AICHI 453-6109, JAPAN
TEL:+81-52-589-2581
(Main Number)
FAX:+81-52-589-2582
(Main Number)
E-Mail:


In the background of the HARAKENZO trademark is a global map wherein countries/regions are sized according to the number of patents registered there in 1991.

Privacy policy


Information on Developing Countries
(BRICs, VISTA, et cetera)
Patent engineering staff specialized in patent affairs : Yoshihisa SUMI
Design/trademark staff specialized in design/trademark affairs : Bochao XIE
OSAKA HEAD OFFICE [TEL]
OSAKA HEAD OFFICE [FAX]
TOKYO HEAD OFFICE [TEL]
TOKYO HEAD OFFICE [FAX]
E-mail
: + 81-6-6351-4384
: + 81-6-6351-5664
: + 81-3-3433-5810
: + 81-3-3433-5281
:
     
     

Information on Intellectual Property in Nigeria



1. Nigeria - Summary

The Federal Republic of Nigeria (below, Nigeria) is situated in West Africa and occupies an area approximately 2.5 times that of Japan. With a population of 186,000,000 (2016), it is the most populous country on the African continent. Its capital is Abuja, the official language is English, and the currency is the naira.


Nigeria’s exports to Japan amount to approximately 94 billion JPY, and chief export products are liquid natural gas, crude petroleum, etc. Its imports from Japan are valued at about 35.6 billion JPY, and chief products are automobiles, steel, general machinery, etc. (2016). There are even Japanese companies expanding to Nigeria (32 companies as of October 2016).


Nigeria's GDP for 2016 was approximately USD 405 billion, which is the world’s 27th largest amount and the highest GDP in Africa. It counts as one of the “Next Eleven.” and the scale of its economy is one of the largest in Africa. Education standards are comparatively high, and education in relation to electronic devices, etc., is thriving in particular.

Nigeria has set a goal of becoming the twentieth-largest economy in the world by 2020, and as high-rate growth is expected hereafter, there is an advantage to filing intellectual property applications in that country.



2. Summary of Nigeria’s Intellectual Property

Each area of IP law is summarized below. Patents and designs are regulated by the Patents and Designs Act, and trademarks are regulated by the Trade Marks Act. Japanese utility models have no counterpart in Nigeria.

Also, Nigeria has acceded to the Paris Convention (September 2, 1963), Patent Cooperation Treaty (May 8, 2005), Berne Convention (September 14, 1993), Patent Law Treaty (April 28, 2005), and TRIPS Agreement (January 1, 1995), etc. (dates of accession are in parentheses).


  Patents Designs Trademarks
Necessity of a local representative Necessary Necessary Not ascertained
Language of Application English
Substantive Examination None None Exists
Duration Twenty years from filing date Five years from filing date (two extensions of five years each possible) Seven years from filing date (extension possible every fourteen years after the first seven years)
OppositionProceedings None None Two months from publication
Invalidation trial None
(file a lawsuit for invalidation with the court)
None
(file a lawsuit for invalidation with the court)
Exists



3. Patents

3-1. Duration

The period of protection lasts twenty years from the filing date.


3-2. Eligibility for protection

Inventions which have industrial applicability are eligible for protection.

Discoveries of natural laws, inventions which contravene public order and morality, and new plant varieties and animal breeds are excluded from eligibility.


3-3. Application

Because Nigeria is a signatory to the Paris Convention, it is possible to claim a priority right based on a Japanese patent application.

Because it is a signatory to the PCT, it is possible to designate Nigeria in a PCT application.

A request for application, specification (including drawings), scope of patent claims, and other prescribed documents must be submitted.

Also necessary are the prescribed fee, a declaration of the inventor(s)(when a priority right is claimed, a document indicating the date(s), application number(s), and country name(s) of the priority application(s), and applicant name has to be added), and a power of attorney.

When claiming a priority right, the applicant needs to submit, within three months from the filing of the application, a copy of the earlier application certified correct by the Industrial Property Office (or its equivalent) in the country where the earlier application was made. In a case where an application is written in a language other than English, a translation together with the name of the language needs to be signed by the applicant or an attorney of the applicant and attached to the certified application.

An online application is available.


3-4. Examination

No system of request for examination exists, and only examination regarding formalities (whether the necessary documents and fee have been submitted) and the unity of the invention is conducted.

An application including inventions that does not satisfy the unity requirement may be divided within three months from the date of the pertinent notification.

No substantive examination regarding requirements for description, novelty, contravention of public order and morality, validity of priority claims, etc. is conducted.

No opposition proceedings exist.

  ⇒Since no substantial examination is conducted and rejection of an application instead takes place by a lawsuit for invalidation filed with the court, conducting a search prior to filing an application is very important.


3-5. Implementation duties

An invention must be implemented before three years from the registration date--or four years from the filing date (whichever is later)--have passed (in case the invention has not been implemented in this period, the invention becomes subject to compulsory licensing).


3-6. The invalidation trial system

A lawsuit for invalidation can be filed with the court.

An application is judged based on each claim.

Novelty is judged on the basis of domestic and foreign common knowledge and publications.

A grace period is within six months from the date of displaying the invention in an officially recognized international exhibition.


3-7. Others

The annual maintenance fee to be paid to the Administrative Office is USD 265.65 (until the 20th year).

It takes 24 months to 36 months to register a patent since filing of a patent application (according to “Investigation research report on actual operations of intellectual property right systems in African countries and intellectual property activities by major surrounding countries”, the International Association for the Protection of Intellectual Property of Japan (AIPPI・JAPAN))


3-8. Statistics

- approx. 900 patent applications in 2016, over 90% by non-residents

- top 3 technical fields of patent applications (2002 to 2016) are "electrical machinery, apparatus, energy" (approx. 20%), "medical technology" (approx. 12%), and "pharmaceuticals" (approx. 11%)




4. Design Rights

4-1. Duration

The period of protection lasts five years from the filing date, with two possible extensions of five years each (thus, fifteen years at the longest).


4-2. Eligibility for protection

Designs which have industrial applicability are eligible.

Designs which contravene public order and morality are excluded from eligibility.


4-3. Application

Since Nigeria is a signatory to the Paris Convention, it is possible to claim a priority right based on a Japanese design application.

Nigeria has not concluded the Hague Agreement.

An article (or a classification, if such has been prescribed) must be given in the application. Either a sample, a photograph, or a drawing of the article has to be submitted.

Also necessary are the prescribed fee, a declaration of the creator(s)(when a priority right is claimed, a document indicating the date(s), application number(s), and country name(s) of the priority application(s), and applicant name has to be added), and a power of attorney.

In addition, if the applicant is claiming a priority right, it is necessary to submit a copy of the priority certificate issued by the government, etc.

An online application is available.


4-4. Examination

No system for requests for examination exists, and only an examination regarding formalities (whether the necessary documents and fee have been submitted), contravention of public order and morality, and design similarity is conducted.

No substantive examination of novelty, validity of priority claims, etc. is conducted.

No system of application publication exists, but a publication is issued immediately after the registration.

No opposition proceedings exist.

  ⇒Since no substantial examination is conducted and rejection of an application instead takes place by a lawsuit for invalidation filed with the court, conducting a search prior to filing an application is very important.


4.5 Secret designs

A system for secret designs exists, and within a designated period of twelve months after filing an application, it is possible to request that the content be kept secret


4-6. Invalidation trial

A lawsuit for invalidation can be filed with the court.

Novelty is judged on the basis of domestic and foreign recognition and publications.

A grace period is within six months from the date of displaying the invention in an officially recognized international exhibition.




5. Trademarks

5-1. Duration

The period of protection lasts seven years from the filing of the application; after the protection period of first seven years, trademark rights may be renewed every fourteen years.


5-2 Eligibility for protection

Trademarks concerning goods or services are eligible for protection.

Trademarks that contravene public order and morality are excluded from eligibility.


5-3. Application

Because Nigeria is a signatory to the Paris Convention, it is possible to claim a priority right based on a Japanese trademark application.

When a foreigner files an application, he/she does not need to have a prior trademark registration in his/her own country.

Nigeria has not signed the Madrid Agreement and Madrid Protocol, the Trademark Law Treaty, or the Nice Agreement.

Nigeria has adopted the international classification based on the Nice Agreement.

An online application is available.


5-4. Examination

Substantive examination is conducted (no request for examination is necessary).

The first-to-file rule and prior use rule coexist.

Third parties may file an opposition within two months from the publication.


5-5. Implementation duties

In case of non-use for five years, a suit for cancellation of the registration may be filed.


5-6. Invalidation trial

Invalidation trial proceedings exist.




6. Other

Administrative Office

Federal Ministry of Trade and Investment

Trademarks, Patents and Designs Registry

http://www.iponigeria.com



6-2. Patents and Designs Act

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


6-3. Trade Marks Act

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


Patent&Trademark Attorney


Patent&Trademark Attorney
Researcher
Yoshihisa SUMI
Yoshihisa SUMI Graduate School of Science, Majored in Chemistry

Patent Attorneys have played a great role in the economic growth by establishing and protecting intellectual property rights.
I, being one of those patent attorneys, will do my best to play the role and make efforts with self-improvement so as to provide satisfaction to clients.

Legal Department
Patent&Trademark Attorney
Bochao XIE
Bochao XIE I will devote myself to my daily business for the purpose of pursuing international intellectual property strategies for individual clients and providing prompt and high quality services.
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