Remedies Available for Intellectual Property Infringement in Nigeria
Why is it crucial for all start-ups to be enlightened about Intellectual Property?
Intellectual Property is the lifeline of a business, as things like a brand name, logo, creative work, or new idea can be more valuable than physical assets. For example, a tech startup’s software code or a fashion brand’s unique design could determine whether the business grows or disappears.
Simply put, intellectual property means ideas and creations that belong to someone and are protected by law. In Nigeria, as in many other places, copying and misuse of intellectual property are common. From pirated movies and fake drugs to imitation fashion brands, the problem is widespread.
Nigeria, like many emerging markets, faces issues of Intellectual Property infringement, ranging from pirated movies and counterfeit pharmaceuticals to copycat fashion brands. Intellectual property rights are frequently subjected to abuse and unauthorized exploitation.
If a business competitor unlawfully uses another business’s intellectual property, the affected business must understand the available options for enforcement and protection of its business rights. Understanding these remedies helps the business to be protected and sends a strong signal that the business takes the brand seriously.
This article explains the key remedies available under Nigerian law when someone infringes on your IP.
- Injunctions – End to infringement
An injunction is a court order that tells the violator of rights to stop using the business’s intellectual property immediately. This is one of the most effective remedies as it prevents further damage while your case is ongoing.
Example: Imagine a new beverage business coming into existence, also using a logo like another beverage business’s logo, which is an existing brand. If this continues, customers could be misled and confused, and the business’s reputation could be distorted and its business identity weakened.
A court injunction can stop the use of the infringing logo immediately.
There are different types of injunctions, but to mention a few.
Interim injunctions (temporary, used for urgency while the case is pending).
Perpetual injunctions (permanent, orders are granted after a full trial)
Note for Injunction: Injunctions are often the first and urgent step in IP enforcement when brand reputation is at stake.
2. Damages – Financial Rewards
Damages are monetary awards given to compensate the business for losses suffered due to infringement, which is issued by the court:
- General damages: This is awarded at the judge’s own will to cover some losses.
- Special damages: This is awarded for specific losses.
Example: If pirated copies of a business’s educational software are flooded in the market, making the business lose contracts with schools, the business could sue for damages equivalent to the business’s lost income.
Note for Damages: Keep proper business records, as they help strengthen claims when seeking damages.
3. Anton Piller Orders – Inspect & Seize
An Anton Piller order is a special type of court order that allows the business to enter the infringer’s premises without notice to seize evidence of infringement.
This is crucial because infringers may destroy records, counterfeit goods, or other evidence once they know that there might be a lawsuit.
Example: If a printing press is illegally reproducing the textbooks, an Anton Piller order can let the business legal team seize copies and business records before they are destroyed.
Note for Anton Piller Orders: An exceptional remedy, as courts need to be convinced of the risk of evidence destruction.
Criminal Remedies:
Intellectual Property Infringement is also a criminal offence, not just a civil wrong. Criminal remedies of intellectual property infringements impose sanctions by the state against offenders who infringe on the intellectual property rights.
Some Intellectual property infringements in Nigeria carry out criminal penalties as prosecution is handled by the Nigeria Police, Standard Organization of Nigeria, or Nigeria Copyright Commission.
Example: Where there is an unlawful production or selling of musical works without prior authority, it can be imposed by the court can impose imprisonment on the infringer and also forfeit the pirated musical works.
Note for Criminal Remedies: Where there is infringement of criminal intellectual property, punishment and deterrence are meted out to the infringer rather than compensation.
A start-up business must avoid
- Not registering their Intellectual Property
- Overlooking Intellectual Property Contracts
- Businesses delay regarding legal action, which weakens the case as it stays longer.
Tips for Startups & SMEs
- Register the business trademarks, patents, and copyrights as the business starts.
- Check out any infringement products
- Ensure non-disclosure and confidential clauses are added to the legal contract to protect the Intellectual Property Rights of the business.
Takeaways for Business Operators.
If the business IP is infringed in Nigeria, the business has strong remedies ranging from injunctions to damages and criminal remedies. The best protection business operators need to do is to register the business IP as soon as the business starts and monitors the market. Protecting the business’s intellectual property is not just about law; it’s about protecting the future of the business.
As an intellectual property lawyer with additional expertise in property, corporate, and employment law. I have a strong interest in ensuring full legal compliance and am committed to building a career focused on providing legal counsel, guiding corporate secretarial functions, and addressing regulatory issues. My skills extend beyond technical proficiency in drafting and negotiating agreements, reviewing contracts, and managing compliance processes. I also bring a practical understanding of the legal needs of both individuals and businesses. With this blend of technical and strategic insight, I am dedicated to advancing business legal interests and driving positive change within any organization I serve.
