WORLD TRADE  
ORGANIZATION  IP/C/W/344/Add.1 
30 January 2004 
 
 (04-0309) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:  English 
 
 
 
REVIEW OF LEGISLATION 
  
Responses from Nigeria to the questions posed  by Canada, the European Communities and
 
their member States, Japan and the United States  
  
Addendum
 
 
 
 The following communication, dated 10 Dece mber 2003, from the Delegation of Nigeria is 
being circulated following questions posed by Ca nada, the European Communities and their member 
States, Japan and the United States, as previously circulated in documents IP/C/W/314, IP/C/W/320, 
IP/C/W/322 and IP/C/W/316 respectively.  
 
_______________ 
 
 
CANADA 
 
 
2. What protection does your copyright legislation afford to "foreign works"? 
 
 Copyright is conferred on every work if on the date of the first publication, at least one of the authors is a citizen of or domiciled in or a bod y corporate established by or under the laws of a 
country that is a party to an obligation in treaty or other international agreemen ts to which Nigeria is a 
party.  See Section 4A (1) of the Copyright Act.   
EUROPEAN COMMUNITIES AND THEIR MEMBER STATES 
 
 A. C
OPYRIGHT AND RELATED RIGHTS  
8. Please state how your legislation grants the retroactive protection provided pursuant to 
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS 
Agreement) and Article 14.6 of the TRIPS Agreement. 
 By the combined operation of section 40 and schedule 5 of the Act, the provisions of the Act 
(including all the protection granted therein) apply in relation to works made before the 
commencement of the Act "as it applies in relation to works made after the commencement of (the) 
Act."  IP/C/W/344/Add.1 
Page 2  
 
  In the same vein, the Act provides that pro ceedings for infringement of copyright may be 
taken notwithstanding that the a lleged infringement occurred before the commencement of the present 
Act.  Contracts for the licensing of any act in respect of copyright which were effective immediately before the commencement of this Act sh all continue in force as if they relate to the 
corresponding copyright under this Act. 
 
F. P
ATENTS  
27. Please explain whether or not diagnostic, th erapeutic and surgical methods are excluded 
from patentability in your legislation.  If so, please explain the relevant section of your 
legislation and explain its formulation.  
 The Patents and Designs Act is not explicit on the patentability of diagnostic, therapeutic and 
surgical methods.  However a draft bill before the parliament has a provision excluding diagnostic, 
therapeutic and surgical methods from patentability. 
 
H. P
ROTECTION OF UNDISCLOSED INFORMATION  
45. Please explain how your legislation de fines data submitted to governments or 
governmental agencies. 
 The Drugs and Related Products (Registration etc.) Act makes provision for the protection of 
test data regarding pharmaceutical products submitte d to the government in order to obtain marketing 
approval in Nigeria.  It also makes provision fo r the registration of drug products, cosmetic and 
medical device and also provide for the protec tion of undisclosed information or test data. 
 I. E
NFORCEMENT  
56. Please indicate whether or not procedures  are available to suspend the exporting of 
counterfeit goods. 
 The Customs and Excise Management Act Cap.  84 Laws of the Fede ration of Nigeria did 
provide for procedures to suspend counterfeit goods.   
57. Please indicate whether or not your legislation provides for a de minimis  imports 
exception. 
 The Customs and Excise Management Act Cap.  84 Laws of the Fede ration of Nigeria did 
provide for a de minimis  imports exception. 
  
JAPAN 
 
A. C
OPYRIGHT AND RELATED RIGHTS  
Please explain exceptions or exemptions of  the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in 
Articles 3 and 4 of the TRIPS Agreement. 
 Nigeria copyright law does not provide for any exception or exemptions of the National 
Treatment and Most-Favoured-Nations Treatment.   IP/C/W/344/Add.1 
 Page 3 
 
 
  Aside from the provisions that copyright may be enjoyed by virtue of nationality or domicile 
(see 2(1)); by reference to country of origin (see 3( 1)) and special provisions in relation to works of 
Government or international institutions (sec. 4( 1)), the 1999 amendment to the Act provides for the 
enjoyment of copyright by reference to  international agreements (sec. 4A). 
 
 Under that provision: 
  (1) Copyright shall be conferred by this section on every work if:    (a)  on the date of its first publication at least one of the authors is: 
 
  (i) a citizen of or domiciled in;  or   (ii) a body corporate established by or under the laws of a country 
that is a party to an obligation in  a treaty or other international 
agreement to which Nigeria is a party; 
 
  (b) the work is first published:  
(i) in a  country which is a party to an obligation in a treaty or 
other international agreement to which Nigeria is party; 
    (ii) by the United Nations or any of its specialised agencies; 
    (iii) by the Organisation of African Unity;  or 
    (iv) by the Economic community of West African States;   (2) Where the question arises as to whether a c ountry is a party to an obligation in a treaty 
or other international agreement to which Nige ria is also a party, a certificate from the 
Commission to that effect shall be conclusive proof of that fact. 
  
UNITED STATES 
 
B. C
OPYRIGHT AND RELATED RIGHTS  
7. Article 14.2 of the TRIPS Agreement provi des that producers of phonograms are to 
enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires that producers of phonogr ams are to have the right to authorize or 
prohibit the commercial rental to the public of originals or copies of their phonograms.  Please 
describe how the copyright law of Nigeria implemen ts these obligations and indicate the term of 
protection. 
 The copyright granted to sound recordings (sec. 6) include the exclusive right to control in 
Nigeria the direct or indirect reproduction, broad casting or communication to the public of the whole 
or a substantial part of the recording either in its  original form or in any form recognisably derived 
from the original.  It also includes the right to cont rol of the distribution to the public for commercial 
purposes of copies of the work by way of rental, lease, hire, loan or similar arrangement. The relevant 
section is couched as follows: 
  (1) Copyright in a sound recording shall be the exclusive right to control in Nigeria:  
(a) the direct or indirect reproduction, broadcasting or communication to the public 
of the whole or a substantial part of the recording either in its original form or 
in any form recognisably derived from the original; 
 IP/C/W/344/Add.1 
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 (b) the distribution to the public for co mmercial purpose of copies of the work by 
way of rental, lease, hire, loan or similar arrangement. 
  Further, section 14 gives more details of th e kinds of dealings that would amount to 
infringement of sound recordings by providing that  copyright is infringed by any person who without 
the licence or authorisation of the owner of the copyright: 
 
(a) does, or causes any other persons to do an act, the doing of which is 
controlled by copyright; 
 
(b) exhibits in public any article in respect of which copyright is infringed 
under paragraph (a) of this subsection; 
 
(c) distributes by way of trade, offers for sale, hire or otherwise or for  any 
purpose prejudicial to the owner of the copyright, any article in respect of 
which copyright is infringed under paragraph (a) of this subsection; 
  The duration of the rights granted to sound reco rdings, is 50 years from  the end of the year 
in which the recording was first made.  H. U
NDISCLOSED INFORMATION  
21. Please describe in detail the manner in whic h protection is provided test data regarding 
pharmaceutical and agricultural chemical produc ts submitted to the government in order to 
obtain marketing approval in Nigeria and cite to the relevant provisions of law. 
 The Drugs and Related Products (Registration etc.) Act makes provision for the protection of 
TEST DATA regarding pharmaceutical products submitte d to the government in order to obtain 
marketing approval in Nigeria.  It also makes prov ision for the registration of drug, drug product, 
cosmetic or medical device and also provided for the protection of undisclosed information or TEST 
DATA.  It is an offence for such information to be disclosed to a third party.  There is a draft 
legislation which will comply with Article 39 of the TRIPS Agreement.  
22. Are other applicants for market approval  for their own versions of a previously 
approved pharmaceutical or agricultural chemical products permitted to rely on data submitted 
by the earlier applicants?  If so, how long a peri od of exclusivity is given the earlier applicant 
before such reliance becomes possible. 
 Such information cannot be discl osed to subsequent applicants for marketing approval.  Also 
see answer to question 21 above. 
 
 
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