Legal framework overview

Nigeria's IP legal framework mainly consists of the following core statutes:

• Trade Marks Act (Cap T13, Laws of the Federation of Nigeria, 2004)

• Patents and Designs Act (Cap P2, Laws of the Federation, 2004)

• Copyright Act (Cap C28, as revised in 2022)

• Federal Competition and Consumer Protection Act, 2019 (unfair competition and trade secrets)

The main competent authority is the Trademarks, Patents and Designs Registry (headquartered in Abuja),
with the Nigeria Intellectual Property Office (NIPO) leading digitisation and international coordination.
Nigeria is a member of WIPO, the Paris Convention, TRIPS and ARIPO (observer), but has not yet acceded to the PCT, the Madrid System or the Hague Agreement.

International cooperation and regional alignment

• Nigeria is a member of WIPO, the Paris Convention and TRIPS;

• Participates in ARIPO meetings and training as an observer;

• Preparing for accession to the PCT and the Madrid Protocol;

• Cooperates with South Africa, Kenya and Egypt to promote IP data sharing in Africa;

• The draft National IP Policy (2023) is supporting the digital transformation of the NIPO (Nigeria IP Office).

Trade mark system

Filing routes

• National trade mark applications can be filed only with the Trademarks Registry in Nigeria;

• Although Nigeria has not yet joined the Madrid System, applicants may claim priority from foreign registrations under the Paris Convention.

Classification

• Uses the Nice Classification for goods and services;

• Each class must be filed in a separate application; multi-class applications are not available.

Examination procedure

• Formal examination: around 1‑2 months;

• Substantive examination: around 6‑9 months;

• Opposition period: oppositions may be filed within 2 months from the publication date.

Use and renewal

• Initial registration term is 7 years; each subsequent renewal is for 14 years;

• Non-use for a continuous period of 5 years may result in cancellation.

Examination features

• Examination language is English;

• Substantive review focuses on distinctiveness and likelihood of confusion;

• Series marks and service marks are registrable;

• Non-traditional marks (sound, scent, colour, etc.) are not yet accepted for registration.

Patent system

Types and terms of protection

• Invention patent (Patent of Invention): protection of 20 years from the filing date;

• Utility models are also protectable (referred to as “small inventions” under the same Act).

Examination mechanism

• Operates a registration system (no substantive examination);

• Applications are examined only for formal requirements and compliance with statutory provisions;

• Grant usually takes around 12‑18 months.

International routes

• Nigeria has not yet joined the PCT system; international protection must therefore be pursued via Paris Convention priority filings.

System features

• Examination language is English;

• After grant, annual maintenance fees must be paid to keep the patent in force;

• Because of the registration system, patents are relatively easy to obtain but may be vulnerable to invalidation;

• Patent applications must be handled by a registered legal practitioner or patent agent.

Industrial design protection

Legal basis

• Patents and Designs Act (Cap P2, 2004).

Scope of protection

• The visual features of a product, including its appearance, shape, lines, patterns and ornamentation;

• Applicable to designs for industrial products and handicrafts.

Term of protection

• Protection lasts for 5 years from the registration date and may be renewed twice, each time for 5 years, up to a maximum of 15 years in total.

Examination procedure

• Typical examination period is around 6‑9 months;

• Examination language is English;

• Only formal examination is carried out; creativity is not substantively assessed.

System features

• A single registration is valid throughout Nigeria;

• Multiple designs may be combined in a single application where permitted by law;

• Nigeria has not yet acceded to the Hague Agreement; international protection must be sought via separate national filings.