NIGERIA – The effect of the Business Facilitation Act 2023 on the Nigerian Trade Marks and Patents and Designs Act

The Business Facilitation (Miscellaneous Provision) Act 2023 (BFA) was promulgated on 14th of February 2023, which had a causal effect on various laws, including the Nigerian Trade Marks Act 1965.

The BFA amended the definition of “goods” in the Trade Marks Act, to include “services”, thereby expanding the scope of protection under the law and clarifying the previous uncertainty regarding the enforcement of service marks. It is still to be determined whether this addition merely clarifies the concept of ‘goods’ under the 1965 Act or whether the inclusion of ‘services’ will be regarded as an entirely new concept. Should it be regarded as mere clarification, the expectation is that service marks filed before 14 February will be covered by the previous definition of ‘goods’ under the 1965 Act. A committee has been set up to provide guidance of the implementation of the BFA, and to possibly provide clarity on this point.

The Trade Marks Act has also been amended by expanding the definition of trade marks to include shape of goods, packaging and a combination of colours.

In addition, the BFA Act amended the first schedule of the Patents and Designs Act of 2004 by adding new Section 13A, which provides for the issuance of compulsory licences in certain circumstances. In terms of the new provisions, the Minister may stipulate that, for certain patented products and processes declared by the order to be of vital importance for the defence or the economy of Nigeria or for public health, compulsory licences may be granted before the expiration of the period of 4 years from filing or 3 years from grant.

Adams & Adams

 

View Related Blogs
View All
news

Turning locally developed IP into battery-sector opportunities

South Africa is seeking to strengthen its position in the global electric mobility and battery value chains by supporting the development and commercialisation of locally developed technologies and in...

Africa Ip updatesSouth Africa
news

Healthcare technology investment fund under consideration

Egypt is exploring the establishment of a dedicated investment fund for biotechnology, medical devices and digital health technologies. Discussions between the Ministry of Health and Gold Rock Venture...

Africa Ip updatesEgypt
news

Track-and-trace measures target illicit goods

South Africa is stepping up cooperation between the South African Revenue Service (SARS) and the National Consumer Commission (NCC) to combat illicit goods. The two authorities signed a Memorandum of ...

Africa Ip updatesSouth Africa