NIGERIA Law and Practice Contributed by: Tiwalola Osazuwa, Peretimi Akinmodun, Lazarus Uwa Kalu and Mubaraq Popoola, ǼLEX
Applicability of Trade Mark Laws to Virtual Goods and Services Trade mark laws apply to both physical and vir - tual goods and services. Trade marks are gov - erned primarily by the Trademarks Act in Nige - ria. The Trademarks Act is designed to protect marks associated with goods and services in the course of trade. While the Trademarks Act does not explicitly mention virtual goods and services, its principles may be extended to these catego - ries of goods and services. Nigeria utilises the Nice Classification of Goods and Services and under Class 42 of the Nice Classification, trade marks can be registered in respect of scientific and technological services including: • design and development of computer soft - ware; • computer programming; • installation, maintenance and repair of com - puter software; • computer consultancy services; • design, drawing and commissioned writing for the compilation of websites; • creating, maintaining and hosting the web - sites of others; and • design services. It is therefore possible for the Trademarks Reg - istry to recognise and register trade marks for virtual goods and services. Implications of User-Generated Content on IP Rights User-generated content (UGC) refers to any form of content created by an individual. Users who create content, such as videos, images, music or text, often own the copyright to their original works. This grants them the exclusive right to reproduce, distribute and licence their content.
Many platforms require users to grant broad licences to the platforms for the use and dis - tribution of their content, potentially limiting the creator’s control. While UGC is protected by copyright, the crea - tors of the work may find it difficult to exercise any of their exclusive rights, especially where the works have been shared on social media plat - forms like Facebook or TikTok. This is because it is somewhat easy for other users of the platform to copy the works without permission. 10. Social Media 10.1 Laws and Regulations for Social Media Laws and Regulations Relevant to Social Media Code of Practice for Interactive Computer Service Platforms/Internet Intermediaries The Code aims to combat online harm by regu - lating platforms like social media where users share or access content. CA 2022 The CA 2022 contains provisions empowering the copyright owner to notify social media plat - forms to take down or disable access to infring - ing content or links hosted on the platform. Cybercrimes Act The Act criminalises identity theft, cyber bully - ing, harassment, online fraud, the dissemination of false information, the distribution of obscene or pornographic content, phishing and unauthor - ised access to computer systems. The use of social media platforms to facilitate any of these offences such as spreading false information via Facebook with the intent to disrupt public order
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