INTELLECTUAL PROPERTY IN NIGERIA: A BEGINNER’S GUIDE FOR BUSINESSES AND CREATIVES
By Hephzibah Chukwuemeka
INTRODUCTION
Intellectual property (IP) is not restricted to a privileged few. It is a fundamental right available to everyone. What activates this right, however, is not the mere fact of being creative, but the existence of something concrete to protect, that is, an expression of ideas born from one’s own ingenuity.
In today’s knowledge-driven economy, ideas and creativity have become some of the most valuable assets for individuals and businesses alike. For creatives such as writers, musicians, filmmakers, designers, and visual artists, intellectual property protection is vital for safeguarding originality and ensuring fair recognition and reward. For business owners, intellectual property provides a competitive advantage by protecting trademarks, trade secrets, and innovations, thereby enabling the building of strong brands and loyal customer bases.
This beginner’s guide is designed to help Nigerian businesses and creatives understand the basics of intellectual property, why it matters, and how it can be used to secure ideas and maximise opportunities.
WHAT IS INTELLECTUAL PROPERTY?
At its simplest, intellectual property refers to creations of the mind. These are intangible works that derive their value from human creativity and innovation. It is described as “property” because the law grants creators and innovators exclusive rights over their works, similar to the way in which one owns land or a car. These rights allow the owner to control use, earn income, and stop others from exploiting the work without permission.
FORMS OF INTELLECTUAL PROPERTY
In Nigeria, several laws have an impact on the protection and administration of the different rights that make up intellectual property. The most important statutes are the Copyright Act of 2022, the Patents and Industrial Designs Act, and the Trademarks Act.[1] These statutes recognise different forms of intellectual property rights and establish the rules for their protection. The different forms of intellectual property include:
- Copyright
Copyright grants exclusive rights to authors of original works. These rights include the ability to copy, distribute, and adapt the work. They are divided into moral rights, which protect an author’s reputation and ensure proper attribution, and economic rights, which allow the creator to exploit the work commercially and prevent unauthorised use.
The Nigerian courts have affirmed the enforceability of these rights. In Adeokin Records v Musical Copyright Society of Nigeria (Ltd GTE),[2] the Supreme Court held that Sections 9, 10, 15, and 39 of the Copyright Act, 1988 (now Sections 16, 28, 36 and 88 of the Copyright Act 2022), clearly vest litigable rights in copyright owners, assignees, and exclusive licensees. This means that not only the original author, but also those who acquire rights through assignment or licence, can bring legal action to protect copyrighted works.
Copyright protection does not depend on registration. Under the Berne Convention,[3] to which Nigeria is a party, copyright arises automatically once a work is fixed in a tangible form, whether written, recorded, filmed, or drawn. Section 2(2)(b) of the Copyright Act 2022 reflects this principle. Registration with the Nigerian Copyright Commission is voluntary, but it is often advisable because it strengthens enforcement, provides proof of ownership, and may ease litigation.
For Nigerian creatives, this means that a song demo recorded on a phone, a draft screenplay saved on a laptop, or an artwork sketched in a notebook is protected from the moment it is fixed in a physical or digital medium. While registration is not a precondition for protection, it signals seriousness, creates an evidentiary advantage, and offers practical support when enforcing rights against infringers.
2. Trademark
A trademark may consist of a word, sign, logo, symbol, slogan, or combination that distinguishes the goods or services of one business from another. In Ferodo Ltd. v Ibeto Ind. Ltd,[4] the Supreme Court emphasised that “the essence of a trademark is that it indicates a connection in the course of trade between the goods and some person having the right to use the same.”
In other words, the primary purpose of a trademark is to indicate the origin of goods and protect consumers from deception. Well-known Nigerian examples include MTN’s slogan “Everywhere you go,” Indomie’s “Taste the fun,” and the distinctive red and white logo of Zenith Bank.
3. Patent
A patent is an exclusive right granted for an invention, which may be a product or a process that introduces a new way of doing something or offers a technical solution to a problem. Once granted, a patent gives the inventor, or more commonly the inventor’s employer, a legal monopoly to exploit the invention to the exclusion of other for a period of 20 years.
To obtain a patent, the invention must meet specific criteria. It must be new, involve an inventive step, be capable of industrial application, and not be contrary to public policy. See the case of Densy Industries (Nig.) Ltd. v Uzokwe.[5] In addition, the invention must not fall within the categories of subject matter excluded from patentability.[6] Importantly, the patent application requires full disclosure of the technical details of the invention, which becomes part of the public record.
It should be noted that patents are territorial rights. This means that the exclusive rights conferred apply only in the country or region where the patent has been filed and granted, in accordance with the laws of that jurisdiction.
4. Industrial Design
Industrial design protects the visual or aesthetic features of a product, rather than its technical function. It encompasses the shape, configuration, pattern, colour, or ornamental aspect of a product, whether in three-dimensional form, such as the structure of a piece of furniture, or in two-dimensional form, such as surface patterns or decorative lines.
It is important to distinguish industrial designs from patents. While patents protect inventions that solve a technical problem or introduce a new way of doing something, industrial design rights safeguard the outward appearance of a product.
Put differently, patents secure functionality, while industrial designs secure appearance. For example, a new type of engine would be patentable for its innovative technical function, but the distinctive bodywork of a car or the unique casing of a smartphone would be protected as an industrial design.
5. Trade Secret
A trade secret refers to confidential information connected with a business, commercial, or industrial enterprise that must be protected because of the economic value it carries. It is a form of intellectual property that shields information which is not generally known, is difficult for others to access, and has been kept secret through deliberate and reasonable efforts by its owner. Trade secrets often give a business a competitive edge and may consist of methods, processes, patterns, formulas, or unique ways of carrying out operations.
In Nigeria, trade secrets are not subject to registration, and there is no specific legislation regulating them. Instead, their protection depends largely on contractual and equitable principles. For information to qualify as trade secret, it must be commercially valuable, known only to a limited group of people, and safeguarded through reasonable measures such as confidentiality agreements.
The Nigerian courts have affirmed that breaches of confidentiality are actionable. In Brittania-U (Nig.) Ltd v Chevron (Nig.) Ltd & Ors,[7] the Supreme Court held that unauthorised access, use, or disclosure of confidential information amounts to a recognised wrong. The case involved the alleged disclosure of sensitive business information submitted during a bid process, despite being covered by a confidentiality agreement, to a third party.
This decision underscores that even without specific legislation on trade secrets, Nigerian courts will enforce confidentiality obligations and protect businesses that take reasonable steps, such as non-disclosure agreements (NDAs) and internal safeguards, to secure their proprietary information.
6. Geographical Indications (GIs)
Geographical indications are a sui generis (unique) form of intellectual property that protects goods originating from a specific location and possessing qualities, reputation, or characteristics linked to that place. Globally, they are recognised under the TRIPS Agreement[8] as part of the IP framework, with examples such as Champagne from France, Kona coffee from Hawaii, and Darjeeling Tea from India.
In Nigeria, products like Ofada rice and Ijebu garri have potential for similar recognition once a comprehensive legal framework is established. GIs not only protect producers from unfair competition but also help consumers associate products with authenticity and quality. Producers of local agricultural and cultural products should begin to consider the value of GIs in enhancing brand reputation and securing premium markets, both locally and internationally.
7. Plant Varieties
Plant variety protection is another unique form of intellectual property. It grants breeders of new plant varieties exclusive rights over their commercialisation, provided the variety is distinct, uniform, and stable. Internationally, the UPOV Convention[9] establishes standards for such protection, encouraging agricultural innovation and food security.
For agribusiness entrepreneurs and researchers, plant variety protection offers incentives for investment in crop development and plant breeding. Breeders and agricultural innovators who secure protection for their plant varieties can gain stronger bargaining power in partnerships, attract investment, and prevent unauthorised exploitation of their work.
8. Traditional Knowledge (TK)
Though not easily captured under traditional categories of IP, traditional knowledge is increasingly recognised as a form of intellectual property deserving specialised protection. It includes indigenous skills, practices, and innovations relating to medicine, agriculture, folklore, and biodiversity. The World Intellectual Property Organisation (WIPO) has been at the forefront of developing international frameworks to safeguard TK, acknowledging both its cultural and economic importance.[10]
Nigeria has also taken steps towards recognising and protecting traditional knowledge. The Copyright Act 2022[11] incorporates provisions aligned with Article 8(j) of the Convention on Biological Diversity, expressly prohibiting the unauthorised reproduction, performance, broadcasting, or commercial adaptation of folklore.
Beyond legislation, institutional initiatives such as the Nigerian Natural Medicine Development Agency (NNMDA), established in 1977, document and promote traditional medicinal practices, including through its Digital Virtual Library, which compiles a national inventory of Medicinal, Aromatic and Pesticidal Plants (MAPPs).[12] In addition, the Trade Marks Act 1967[13] provides for collective rights and ownership, while the Traditional Medicine Policy of 2007 reflects Nigeria’s broader commitment to protecting indigenous knowledge systems.
Protecting TK ensures that communities retain recognition and benefits for their heritage, while preventing exploitation by outsiders. Communities and innovators who safeguard their traditional knowledge stand to preserve cultural heritage, negotiate fair benefit-sharing arrangements, and resist misappropriation by external actors.
BENEFITS OF PROTECTING YOUR INTELLECTUAL PROPERTY
Intellectual property is one of the most valuable assets of any business or creative enterprise. However, like all assets, it is vulnerable to theft, imitation, and exploitation if not properly protected. Without legal protection, infringements on IP rights may go unremedied, leaving creators and businesses exposed. The advantages of securing intellectual property are far-reaching and can be considered as follows:
- Protection of creativity and innovation.
Safeguarding intellectual property ensures that authors and innovators receive due recognition and reward for their efforts. Without protections, competitors can freely exploit these works, leading to loss of patronage, diminished revenue, and discouragement of creativity.
2. Exclusive rights of use and enforcement.
The law grants right holders the authority to use, license, or exploit their creations exclusively. Any unauthorised use by others amounts to infringement, giving the owner the right to enforce their claims through injunctions, damages, or other remedies.
3. Preservation of brand reputation and goodwill.
A brand name, logo, or slogan distinguishes a business from its competitors. When properly protected, these identifiers help maintain consumer trust and loyalty. Without protection, counterfeit goods or poor-quality services may enter the market under the same name, damaging both reputation and goodwill.
4. Source of income and commercialisation.
Intellectual property offers opportunities for generating revenue. Works and inventions may be licensed, franchised, or sold, turning ideas into reliable income streams and expanding business prospects.
5. Attraction of investment and credit.
Beyond revenue, intellectual property can serve as a financial asset. Patents and other rights are increasingly accepted as collateral for loans and investment, demonstrating their importance as tools for raising funds and attracting partnerships.
The consequences of neglecting protection are evident. Industries such as film, music, fashion, and food production have all suffered losses where ideas and brands were left vulnerable to piracy or counterfeiting. By contrast, those who secure their intellectual property enjoy multiple advantages. In today’s competitive, knowledge-driven economy, protecting intellectual property is not an optional step but a strategic necessity for growth and long-term sustainability.
CONCLUSION
Intellectual property is one of the most powerful tools available to creatives and entrepreneurs in today’s competitive landscape. It safeguards original ideas, brands, and innovations while transforming them into valuable assets capable of generating revenue, attracting investment, and building lasting credibility.
Whether it is a song, a brand name, an invention, or traditional knowledge, the law provides clear avenues through which these assets can be secured and commercialised. For creatives, intellectual property protection ensures that originality is recognised and rewarded, rather than exploited. For businesses, it strengthens competitiveness, preserves brand reputation and unlocks new growth opportunities.
The Nigerian legal framework, though still developing in certain areas, offers robust protection through copyright, trademarks, patents, industrial designs, and contractual safeguards for trade secrets. It also increasingly acknowledges newer forms of intellectual property, such as geographical indications, plant varieties, and traditional knowledge, which are vital for cultural and economic advancement.
Intellectual property must not be treated as an afterthought. It should form a central part of every creative and business strategy from the outset. Those who take proactive steps to secure their rights not only shield themselves from infringement but also position their work as a catalyst for opportunity. In today’s knowledge-driven global economy, intellectual property is essential to sustainability, credibility, and long-term success for creatives and business owners.
Lehi Attorneys is a full-service intermediary law firm with a strong focus on helping clients deliver on their tasks by providing legal services across various jurisdictions. We have carved out a niche by providing expert advice in the commercial sector, including Intellectual Property, Real Estate, Trade Law and Policy, Corporate Law, Health and Pharmaceuticals, as well as Media and Entertainment. Further information about the firm is available at www.lehiattorneys.org
DISCLAIMER
This is a publication of Lehi Attorneys solely for educational and information purposes and is not meant to serve as legal advice. For more information, contact Lehi Attorneys at:
www.lehiattorneys.com
info@lehiattorneys.org
[1] A.A. Akinsola, “Understanding Intellectual Property Law in Nigeria: Copyrights, Patents, Trademarks and Industrial Designs”
[2] Adeokin Records v M.C.S.N. (Ltd GTE) (2018) 15 NWLR (Pt. 1643) 550 at 567, para A
[3] Berne Convention for the Protection of Literary and Artistic Works
[4] Ferodo Ltd. v Ibeto Ind. Ltd. (2004) 5 NWLR (Pt. 866) 317 at 347, paras B-G
[5] Densy Industries (Nig) Ltd v Uzokwe (1998) LPELR-6402(CA)
[6] These include biological processes for the production of plants and animals. See Section 1(4)(a) and (b) of the Patents and Design Act Cap. P2 Laws of the Federation of Nigeria 2004
[7] Brittania-U (Nig.) Ltd v Chevron (Nig.) Ltd & Ors (2024) LPELR-62993(SC)
[8] The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). It is an agreement between all members of the World Trade Organisation (WTO) of which Nigeria has been a member since 1995
[9] International Convention for the Protection of New Varieties of Plants (UPOV Convention). Nigeria joined the International Union for the Protection of New Varieties of Plants as the 80th member with the accession taking effect on 27 March 2025
[10] The WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) undertakes text-based negotiations to finalise an agreement on an international legal instrument(s) for the protection of traditional knowledge (TK), traditional cultural expressions (TCEs) and generic resources (GRs)
[11] Section 74 of the Copyright Act 2022
[12] Annabel Ovwigho, ‘Protecting Indigenous Knowledge and Traditional Medicine under Intellectual Property Law in Nigeria,’ (Mondaq, 26 March 2025) <https://www.mondaq.com/nigeria/copyright/1603052/protecting-indigenous-knowledge-and-traditional-medicine-under-intellectual-property-law-in-nigeria> accessed 2 October 2025
[13] Section 64 Trade Marks Act 1967