The European Union’s Trade and Economic Security Commission on Thursday listed Nigeria, China, India, Türkiye, Argentina, Brazil, Ecuador, Indonesia, and Thailand as nations of concern in the breach of intellectual property rights globally.
The commission in its biennial report on the Protection and Enforcement of Intellectual Property Rights (IPR) in Third Countries, also identified deficiencies in third countries that cause the greatest economic harm to EU interests.
It stated that counterfeiting and piracy pose a serious risk to the EU economy, noting that in 2023 alone, EU customs seized 17.5 million individual items with a total value of almost €811 million at its external borders, with online piracy showing increasing trends.
According to the commission, these infringements undermine the EU’s IPR-intensive industries, which contribute to almost half of its total annual Gross Domestic Product (GDP) and generate more than 80 per cent of EU exports, providing valuable and sustainable employment opportunities for society.
“China remains a top priority for EU efforts to protect the Intellectual Property Rights (IPR) 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 Trade and Economic Security Commission is a portfolio within the European Commission and focuses on aligning trade policy with the EU’s broader economic security objectives.
Launched as part of the EU’s response to rising geopolitical tensions and supply chain vulnerabilities, the initiative aims to protect the EU’s strategic interests by monitoring foreign investments, securing critical technologies, and strengthening internal economic resilience.
However, it admitted that there had been some progress in IPR protection and enforcement in Nigeria over the reporting period, with the new Nigeria Customs Service Act, as well as a number of other Intellectual Property (IP) laws on track to develop a more robust system.
“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.
But the organisation said that the country wasn’t doing enough. For instance, it said that the Industrial Property Commission Bill (IPCOM Bill) presented to the National Assembly in 2016, with the aim to harmonise all current Intellectual Property laws and governing bodies and establish an industrial property commission of Nigeria, was never adopted.
“Under the Nigerian constitution, national legislation for implementing international agreements, treaties and protocols is necessary to give effect to Nigeria’s international obligations on IPR. The TRIPS Agreement has not yet been properly and fully incorporated into Nigerian law.
“Only some provisions related to copyright are incorporated into relevant law. This gives rise to uncertainty, for example, in relation to well-known trademarks, which are covered by the TRIPS Agreement but are not explicitly covered by the Nigerian Trademark Act, which raises doubts on their protection in Nigeria,” the commission said.
It added: “The administrative process for registering trademarks in Nigeria is often delayed due to the manual and bureaucratic nature of the processes at the Nigerian Patents and Designs Registry. Lengthy trade mark registration procedures also affect certification marks, which are currently the only legal means of protecting Geographical Indications (Gls) in the absence of a separate Gl registration system,” the EU commission said.
In the area of copyright and related rights, it said that stakeholders indicate that online piracy remains at a high level, pointing to the collection and distribution of adequate royalties to right holders, which constitutes a major area of concern.
“Stakeholders additionally underline a lack of transparency regarding collective management organisations and their accreditation. It remains to be seen whether the legislative changes introduced by the Copyright Act will address these concerns, in particular, the creation of the Online Copyright Inspectors (OCI) Unit, which is responsible for the fight against online piracy.
“Based on the work of this unit, the commission is mandated to proactively conduct anti-piracy operations and vigorously prosecute copyright infringers in court. The lack of effective IPR enforcement on the ground results in widespread sales of counterfeits.
“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.
“According to stakeholders, the enforcement of IPR laws by regulatory agencies is severely hampered by several factors: insufficient government funding, lack of skills and training and underpaid enforcement officers, lack of awareness, lack of government funding to destroy counterfeit goods, which are often returned to physical markets for sale,” the commission emphasised.
It explained that it had been regularly reported that many Nigerian courts lack the necessary technological infrastructure to efficiently handle IP cases, which require specialised resources such as technical experts and modern tools.
The organisation stated that these shortcomings have resulted in many judgments being inconsistent and erroneous, undermining the legal framework for IP protection, with the list of counterfeit goods including leather articles, handbags, clothing, footwear, perfumery and cosmetics.
Emmanuel Addeh
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