The United States Trade Representative (USTR) has criticized Nigeria’s failure to curb online piracy, enforce intellectual property (IP) laws, and tackle corruption as issues that continue to frustrate investment efforts in the country.
Intellectual Property (IP) are unique ideas, inventions, and creative work people come up with like music or new tech that the law protects so others can’t use them without permission.
In its 2024 Foreign Trade Barriers report, the USTR stated that while Nigeria remains a key player in Africa’s creative economy, lax IP enforcement, public ignorance about the value of IP, and corrupt practices are hindering investment and innovation.
The report noted that the widespread availability of pirated digital content, including software and audiovisual materials, undermines licensed businesses and poses a serious challenge for US companies.
“In addition, online infringements and pirated software, music, and video recordings are prevalent.
IP enforcement remains inadequate due to chronically insufficient resources for enforcement agencies, porous borders, entrenched trafficking systems that make enforcement difficult, and corruption.
Public awareness is low regarding the role of IP in Nigeria’s economy, despite the benefits Nigeria has seen from its growth as a regional hub for the African film, music, and fashion industries, and despite the harm to consumers from counterfeit products.
The Nigerian Copyright Commission and the Federal Competition and Consumer Protection Commission, often in partnership with the U.S. Embassy, have taken steps to raise awareness about IP,” the report stated.
Enforcement lapses
While the USTR criticized Nigeria’s enforcement failures, it also acknowledged efforts by the Nigerian government to strengthen its intellectual property (IP) legal framework in recent years.
“Nigeria has taken steps to improve its legal framework for intellectual property (IP) protection. On January 30, 2019, Nigeria enacted the Federal Competition and Consumer Protection Act, which includes provisions designed to combat trademark counterfeiting, and on May 21, 2021, Nigeria enacted the Plant Variety Protection Act, creating a legal framework and administrative structure for the protection of plant varieties.”
The report noted that more recently, Nigeria passed a new copyright law aimed at aligning with international standards:
“On March 17, 2023, the Nigerian President signed the Copyright Act, 2022 into law. The Copyright Act, 2022 includes provisions addressing technological protection measures, remuneration, and broadcasting rights and provides anti-piracy penalties, with a view toward implementing the World Intellectual Property Organization (WIPO) Copyright Treaty, WIPO Performances and Phonograms Treaty, Beijing Treaty on Audiovisual Performances; and Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.”
However, the report noted that implementation gaps remain, and urged Nigeria to go further:
“The United States has urged Nigeria to consider whether additional amendments are needed to ensure Nigerian copyright law is in compliance with all IP treaties to which Nigeria is a party.”
Despite these legislative milestones, enforcement challenges continue to erode the benefits of these reforms.
