EU Flags Nigeria, Others For Intellectual Property Rights Violations

The European Union on Thursday identified Nigeria among several countries posing significant concerns over intellectual property rights violations, placing it alongside China, India, Türkiye, Argentina, Brazil, Ecuador, Indonesia, and Thailand on its latest priority watch list.

The EU’s Trade and Economic Security Commission, in its biennial report on the Protection and Enforcement of IPR in Third Countries, warned that counterfeiting and piracy are causing serious harm to the European economy.

In 2023, EU customs seized 17.5m counterfeit items worth nearly €811m at its borders. Online piracy was also reported to be on the rise.

Highlighting the economic stakes, the commission noted that IPR-intensive industries contribute nearly half of the EU’s annual GDP and over 80 percent of its exports.

These industries are vital for sustainable job creation and economic stability.

The report classified China as the top concern for the EU, followed by India and Türkiye.

Nigeria, alongside Argentina, Brazil, Ecuador, Indonesia, and Thailand, falls into the third priority group.

“China remains a top priority for EU efforts to protect the Intellectual Property Rights of its businesses, innovators or creators, followed closely by India and Türkiye as second priority countries. Argentina, Brazil, Ecuador, Indonesia, Nigeria and Thailand are third priority countries,” it added.

The EU acknowledged some progress in Nigeria, including efforts to strengthen its IP regime through legislative reforms such as the new Nigeria Customs Service Act and the implementation of a national IP policy launched in 2022.

However, it expressed concern that these measures have yet to deliver sufficient results.

A significant issue cited was the failure to pass the Industrial Property Commission Bill introduced in 2016, which aimed to harmonise existing IP laws and establish a national industrial property commission.

The EU noted that without incorporating international agreements like the TRIPS Agreement into national law, Nigeria’s IP framework remains inadequate.

The report also criticised the slow and outdated administrative processes in the Nigerian Patents and Designs Registry, which hinder the registration of trademarks and certification marks.

It pointed out that Nigeria lacks a dedicated system for registering Geographical Indications, further complicating protection.

“Nigeria continues to implement its National Intellectual Property Policy And Strategy adopted in 2022, which seeks to promote a comprehensive IP ecosystem as a catalyst for harnessing the full potential of IPR for socio-cultural development and sustainable economic growth,” it stressed.

In the area of copyright enforcement, stakeholders noted high levels of online piracy and a lack of transparency among collective management organisations.

While legislative changes have introduced new measures such as the Online Copyright Inspectors Unit, their effectiveness remains to be seen.

The commission further highlighted Nigeria’s role as a gateway for counterfeit goods entering West Africa, particularly through its seaports.

These goods include counterfeit medicines, electronics, and fashion items, many of which originate from China.

“Nigeria’s major seaports serve as maritime gateways for the import of counterfeit products, including counterfeit medical products, mainly into West Africa. Nigeria is a transit point for fake electronics and electrical equipment manufactured in China for re-export to other West African countries,” it further stated.

Other obstacles undermining enforcement include limited funding, poor training of enforcement personnel, and insufficient infrastructure, especially within the judiciary.Courts often lack the technological tools and expertise to handle complex IP cases, leading to inconsistent rulings, the reported noted.