EU Flags Nigeria Over Intellectual Property Violations

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The European Union has placed Nigeria on its latest watchlist of countries with major concerns over intellectual property rights (IPR) violations.

The biennial report, published Thursday by the EU’s Trade and Economic Security Commission, categorises Nigeria among the third-tier group of priority countries alongside Argentina, Brazil, Ecuador, Indonesia, and Thailand. China, India, and Türkiye top the list.

According to the report, widespread counterfeiting and piracy are damaging the EU’s economy, with over 17.5 million fake products worth nearly €811 million seized by customs officials in 2023 alone. Online piracy is also said to be increasing.

The EU warned that industries heavily dependent on intellectual property contribute to nearly half of the EU’s GDP and over 80% of its exports. These industries are critical to job creation and economic growth, making the protection of intellectual property a strategic priority.

While the EU acknowledged some positive steps by Nigeria, including the launch of a National Intellectual Property Policy in 2022 and reforms under the new Nigeria Customs Service Act, it expressed concern that these efforts have not yet yielded substantial results.

One major setback is Nigeria’s failure to pass the Industrial Property Commission Bill, first introduced in 2016. The bill was designed to harmonise the country’s IP laws and establish a national commission to oversee enforcement. The report also noted that Nigeria has not fully integrated international agreements like the WTO’s TRIPS Agreement into its legal framework, leaving gaps in protection.

Nigeria’s patent and trademark systems were criticised for being slow and outdated, with administrative delays hampering the registration of trademarks and certification marks. The country also lacks a system for registering geographical indications, used to protect products linked to specific regions, like Champagne or Roquefort.

In terms of copyright enforcement, the report flagged high levels of online piracy and a lack of transparency in collective management organisations. Although new initiatives, such as an Online Copyright Inspectors Unit, have been introduced, their impact remains unclear.

The EU also pointed to Nigeria’s role as a transit hub for counterfeit goods entering West Africa, especially through its busy seaports. These include fake medicines, electronics, and fashion products, many of which originate from China.

The report concluded that enforcement in Nigeria is hampered by limited funding, poorly trained personnel, and an overburdened judiciary lacking the tools to handle complex IP cases effectively.

The Nigerian government has not officially responded to the EU’s findings at the time of this report.

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