Legal Environment
Piracy and
copyright infringement is a major issue for Nigeria. Nigeria is considered Africa’s largest market for pirated products.
In 1994, the International Finance Corporation, a World Bank affiliate, published
a report on intellectual property protection assessing major U.S. corporations’ perceptions of
intellectual property protection in sixteen countries. The study found that over 30 percent of the
U.S. firms felt that intellectual property laws in Nigeria were too week to
permit them to invest in joint ventures there while 30 percent or more also
felt they would be very unlikely to transfer its newest or most effective
technology to a subsidiary located in Nigeria.
Strong
protection rules are essential for continued progress given that Nigeria is still a major importer
of technology products and they are relatively dependent on outside firms. As Nigeria continues to develop its information
technology landscape, its laws and rules regarding information property
protection continue to evolve. To change investors’ perceptions, encourage
foreign investment as well as protect its citizens, Nigeria has established a Trademark Act; a Patent and Designs Act; and laws relating to the protection
of intellectual property. There are rules and guidelines for
technology transfer contracts and agreements. As more and more indigenous
firms spring up, intellectual property laws and patent laws will be essential to their survival.
A member of the
World Intellectual Property Organization (WIPO) since 1995, it was not until
2000 when Nigeria’s efforts were hailed by the
organization. The
Director General of WIPO
recognized
President Obasanjo for his leadership and commitment to intellectual property in Nigeria.
Currently, Nigeria participates in the Internet Corporation
for Assigning Names and Numbers (ICANN) conferences and forums. Two Nigerian
sit on the Membership Information Task Force, Africa Task Group, Mr. Phillip Furgusson Director of the African Foundation for
Development and Chief Victor Nwankwo Managing Dirctor of Fourth Dimension Publishing Company.
Nigerians are
still dabbling in technology and have not completely come to the point where it
is ingrained in all aspects of life. Many of the innovative things that take
place in the States and other G7 nations, are too far
down the line for Nigeria.
Digital signatures are not in use in Nigeria and until they have a good handle on
enforcing IT related laws, it probably is not an area in which they should
venture.
