Njunkimlegal

At Njunkimlegal, we believe that justice begins with knowledge. We are committed to empowering individuals, communities, and businesses with the legal education they need to make informed decisions. Through our blog, we break down complex legal concepts into clear, accessible content that everyone can understand. From everyday legal rights to regulatory updates and expert compliance insights, our mission is to make the law less intimidating and more empowering. Whether you're a curious reader, a business owner, or someone navigating a legal challenge, we’re here to be your guide in the legal landscape. Because when you understand the law, you’re better equipped to protect what matters most.

Everything you need to know about intellectual property in Nigeria

Everything You Need to Know About Intellectual Property in Nigeria (Even If You’re Not a Lawyer)

You’ve probably heard the term “intellectual property” (IP), but what does it actually mean, and why should it matter to you and your business?  Nigeria’s economy is increasingly becoming innovation-driven, with waves being made in the creative, tech, fashion, entertainment, and pharmaceutical industries. Entrepreneurs continuously create value through ideas, products, services, and brand identity. In their various ventures, intellectual property law is the bedrock in their corner that ensures their creations are fully protected. Intellectual property law matters to these groups for several reasons:  Whether you’re a fashion designer, music artist, startup founder, content creator, or small business owner, protecting your ideas and brand is essential. In today’s fast-paced market, anyone can copy your work and profit from your creativity if you don’t take legal steps to protect it. This article breaks it all down in simple terms. No legal jargon, just straight talk on how to protect your hustle and turn your ideas into valuable assets. What Exactly Is Intellectual Property (IP)? Intellectual Property (IP) refers to original creations of the mind, such as logos, songs, designs, inventions, drawings and written works. These are intangible assets that hold value and can be legally protected and controlled, just like physical property. When you secure your IP rights, you gain the power to decide how your work is used, shared, or monetised. Simply put, IP is how the law helps you own and benefit from your ideas. In Nigeria, there are four main types of IP: Why Should You Care About Protecting Your IP? Protecting your intellectual property isn’t just a legal checkbox; it’s a strategic move. It shields you from exploitation, strengthens your business identity, and gives you tools to grow and profit from what you’ve built. You may not see it yet, but your intellectual property could be one of your most valuable business assets. Whether it’s your business name, logo, song, blog post, unique design, or even a mobile app, anything you create that distinguishes your brand holds potential value, but only if you protect it. Let’s break down why protecting your IP isn’t just for big corporations or global tech giants; it’s a smart move for anyone serious about building something that lasts. 1. Your Ideas Can Be Stolen (And Often Are) With the proliferation of the internet, your work can go from your screen to someone else’s Instagram store in seconds. A logo you spent months designing, a jingle you recorded, or even the name you built your brand on can easily be copied and used by someone else, especially if you haven’t legally secured it. And here’s where it gets worse: if they register it first, they can not only profit from your idea, but they can also stop you from using it. It happens more often than you think, especially in Nigeria’s informal business space, where many entrepreneurs don’t prioritise IP protection. 2. The Cost of Not Protecting Your IP Is Higher Than You Think When you do not secure your intellectual property rights, you may lose more than your idea: you could lose your reputation, customers, and even your business. Imagine building a brand over the years, only to receive a legal warning because someone else claims they own your name. The financial cost of rebranding, lost market trust, or legal battles far outweighs the cost of registration. What’s more painful than spending years building something, only to be forced to start over because of a preventable legal issue? 3. IP Is More Than Protection – It’s a Business Asset When properly secured, your intellectual property becomes something you can benefit from. You can license your music to films, lease your designs to other brands, or sell your software under contract. You can even use your trademark as collateral in business deals or raise investor confidence because your brand is legally protected. Think of IP like real estate. Just as you can lease or sell land you own, you can monetise your ideas if you legally own the rights. The more your brand grows, the more your IP is worth, and that value can open doors to partnerships, expansion, and long-term revenue streams. Who else should care about IP (but often don’t think they need to)? Trademark vs. Copyright vs. Patent: What’s the Difference? In conversations about intellectual property, it’s easy to mix up trademarks, copyrights, and patents, but each one protects a different type of creation. Understanding what they do, who they’re for, and how long they last can save you from costly mistakes and help you make the right legal moves for your business or creative work. Let’s break it down in simple terms: Trademarks: Protect Your Brand Identity A trademark protects identifiers of your brand, like your name, logo, slogan, product packaging, or even certain sounds or colours that distinguish your business from others. It’s how customers recognise and trust your business in the market. Who should care: Example:If you run a brand called ChopLife Foods with a unique logo and jingle, you can trademark those elements so no one else can use or mimic them for profit. Trademarks in Nigeria are valid for 7 years initially, and can be renewed every 14 years indefinitely. You can register your trademark at the Trademarks, Patents and Designs Registry, under the Federal Ministry of Industry, Trade and Investment. To learn more about trademarks, read our article on the Paystack/Zap Africa trademark dispute. Copyright: Protect Your Original Work Copyright protects creative and artistic works like songs, books, videos, blog posts, choreography, computer software, illustrations, and architectural designs. Once you create the work, you automatically own the copyright, but registering it gives you stronger legal proof of ownership. Who should care: Example:If you write a novel or design album art, copyright law ensures no one else can reproduce, sell, or modify it without your permission. Duration of protection:In Nigeria, copyright lasts for 70 years after the creator’s death for literary, musical, and artistic works, and 50 years from the date of publication for

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Zap Africa vs. Paystack: A Landmark Trademark Dispute Testing the Strength of Nigeria’s IP Laws

Paystack Vs. Zap Africa: A Trademark Dispute Testing the Strength of Nigeria’s IP Laws

A trademark dispute between fintech giant Paystack and emerging crypto player Zap Africa has brought intellectual property protection in Nigeria to the forefront. This isn’t just another corporate disagreement; it’s a pivotal moment that could reshape how startups defend their brand identity and how seriously intellectual property (IP) rights are enforced in Nigeria’s growing innovation space. Background Zap Africa, founded in 2023, is Nigeria’s first non-custodial crypto exchange. The platform offers decentralized finance (DeFi) services, enabling users to swap and send cryptocurrencies without the involvement of a central authority. Since 2022, the company has operated under the trademarked name “Zap.” In March 2025, Paystack, one of Nigeria’s most prominent fintech companies, launched a consumer-facing payment app called “Zap by Paystack,” designed to enable instant transfers. Zap Africa’s Position Zap Africa argues that Paystack’s use of the name “Zap” infringes upon its trademark rights and creates confusion among users. The company’s CEO, Tobiloba Asu-Johnson, stated that legal steps have already been taken to protect their intellectual property. He emphasised Zap Africa’s commitment to building a trusted brand in the crypto and fintech space and expressed the company’s willingness to pursue legal action if necessary. Echoing this stance, Moore Dagogo-Hart, Zap Africa’s CTO, framed the issue as one about more than just naming rights. He described it as a fight to safeguard African innovation and prevent the brand’s identity from being diluted.​ Paystack’s Response As of the latest reports, Paystack has not publicly responded to the allegations or the legal actions initiated by Zap Africa. Attempts by media outlets to reach Paystack for comments have been unsuccessful. The dispute underscores the importance of clear trademark rights in the rapidly evolving fintech and crypto sectors. To better understand the stakes in this dispute, it is essential to examine the foundation of trademark rights in Nigeria and how existing laws and court rulings may apply. Understanding Trademark Rights In Nigeria Legal Framework In Nigeria, a trademark refers to any word, logo, phrase, symbol, or combination that distinguishes one entity’s goods from another. It plays a critical role brand identity and market exclusivity. In Nigeria, the legal framework includes the Trademarks Act, which functions as the primary law governing trademarks. The Act provides for the registration of trademarks, legal rights of trademark owners, penalties for infringement, and available remedies. There is also the Trademarks Regulations 1967 which details the procedural aspects of registration. Nigeria is also part of several international treaties which contribute to the broader landscape of Intellectual property protection in Nigeria. They include the following: Key Legal Provisions and Case Law Section 30(4) of CAMA 2020 empowers the Corporate Affairs Commission (CAC) to compel a company to change its name if it conflicts with an existing registered trademark or business name. This was reinforced in Sanofi S.A. v. Sanofi Integrated Services Ltd., where the Federal High Court upheld the trademark holder’s rights over a conflicting company name. The Trademarks Act also provides that infringement occurs when a mark identical or confusingly similar to a registered trademark is used without permission, especially if it causes consumer confusion. This was affirmed by the Supreme Court in Alliance International Ltd. v. Saam Kolo International Enterprises Ltd. Importantly, businesses without registered trademarks are not left unprotected. Under Section 3 of the Trademarks Act, the common law tort of passing off allows brand owners to claim protection if they can prove that another party’s use of their name misleads the public and causes harm to their goodwill. Application To Zap Africa Vs. Paystack In the context of Zap Africa and Paystack, several legal considerations emerge:​ Why The Zap Africa Vs. Paystack Trademark Dispute Matters The trademark dispute between Zap Africa and Paystack represents a landmark moment in Nigeria’s evolving tech and intellectual property (IP) landscape. This is arguably one of the most high-profile trademark conflicts to arise in the country’s digital ecosystem, drawing widespread attention not only because of the parties involved – Zap Africa, a rising startup, and Paystack, a major fintech player backed by global payments giant Stripe – but also because of its implications for brand protection, IP law enforcement, and the maturity of Nigeria’s startup ecosystem. At the center of this dispute is a critical legal question: does the use of a trademarked name by a larger corporation for a specific product amount to infringement when that name defines a smaller startup’s entire business identity? This challenges the way Nigeria interprets the “likelihood of confusion” standard, especially in markets where brand names and product names overlap. If Zap Africa prevails, it could establish a precedent that emphasizes the primacy of brand identity protection over functional distinctions between company names and product titles, reinforcing the statutory protections outlined in the Trademarks Act and guiding future judicial interpretations in Nigeria’s growing digital economy. Beyond brand ownership, the case also underscores the urgent need for consistent enforcement of Nigeria’s IP laws. While Nigeria has robust intellectual property statutes on paper, chiefly the Trademarks Act, enforcement has historically been inconsistent. The large scale of this dispute may force courts, registries, and regulators to re-evaluate their approach to IP enforcement, especially as the case raises complex legal questions: What constitutes “confusing similarity” between trademarks? What is the proper balance between the priority of registration versus the priority of use? What burden of proof must be met for a successful infringement claim? If the case proceeds through litigation or administrative rulings, it could help define legal standards that have so far been underdeveloped in Nigerian jurisprudence. Moreover, the Paystack-Zap Africa dispute is already having a broader effect across the startup community sparking a much-needed awareness. One persistent issue in the Nigerian tech space is that many founders delay or entirely overlook trademark registration, often viewing it as a mere formality rather than a strategic asset. Now, the ongoing debate is igniting crucial conversations among founders, developers, and incubators: “Do you really own your brand?” “Have you conducted a proper trademark search before naming your product?” “What if a well-funded

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Legal Strategies to Grow Your Business

5 Legal Strategies to grow Your Business

Achieving business success isn’t just about great marketing, innovative products, or stellar customer service. Ninety per cent of startups in Nigeria fail, but with a strong legal framework, your business is significantly more likely to succeed. Despite this, many entrepreneurs overlook the legal side of things, focusing solely on increasing revenue or expanding their customer base. But here’s the thing: growth that isn’t legally sound is growth built on shaky ground. Imagine this: your profit margins are soaring, but your contracts aren’t airtight; in other words, one badly drafted clause could result in a drawn-out court case. Or picture your team growing rapidly, but without proper employment agreements and compliance practices, you’re setting yourself up for potential lawsuits. Even filing annual returns on time ensures your business stays compliant and protected from legal risks.  No matter how you define success in your business, one thing remains constant: a robust legal framework is crucial to sustaining it. This article takes a look at practical business growth strategies backed by legal insights that will help your business thrive. Read on to learn how to ensure your business acquires resilience and prepare for any challenge. Key Pillars of Business Growth What is business growth and what does that look like for your company?  Business growth refers to the process of expanding a company’s operations, increasing revenue, and boosting market share. It can manifest in various forms, such as increased customer acquisition and retention, product diversification, geographic expansion, or scaling production capacity. Regardless of the industry or size of your business, growth is a fundamental objective that drives long-term sustainability and profitability.  Achieving sustainable growth in your business helps you gain a competitive edge, allowing you to outperform your industry rivals. But here’s the kicker: sustainable growth strategies rooted in sound legal practices will not just increase your competitive edge, it will also make your business more resilient to economic downturns, attract investment, and foster lasting customer relationships.  To achieve sustainable growth you need to deploy a multi-faceted approach. Any such approach encompasses core pillars that include: Financial growth focuses on revenue generation and profit maximisation. This includes strategies such as increasing sales volume, raising prices, or reducing operational costs. Financial growth must be balanced with prudent financial management and transparent reporting to avoid legal and ethical pitfalls. Market expansion involves introducing products or services to new geographic locations or targeting new customer demographics. As a business owner, you must conduct thorough market research and legal risk assessments before expanding to ensure compliance with local regulations and consumer protection laws. Diversification reduces reliance on a single revenue stream by offering new products or services. While diversification can open new opportunities for your business, it also introduces legal challenges, such as licensing requirements and patent protections. If you want to diversify your business services and/or products, you need to adopt a robust legal framework to safeguard your intellectual property and ensure compliance with industry standards. Enhancing operational efficiency means streamlining internal processes to boost your business’ productivity and reduce costs. This might involve automating routine business tasks, adopting new technologies, or restructuring teams. Your legal considerations in this context include data privacy, employee rights, and occupational safety regulations. Legal Strategies to Support Business Growth In a capitalist system, business growth is a top priority, and leveraging legal strategies to support your growth plans is a smart and strategic means to achieving long-term success. Sound legal practices lay the groundwork for strong partnerships, smooth employee relations, and overall business continuity all of which are essential to your business sustainable growth. The following are legal strategies you can employ to safeguard your business operations and minimise your risks: Contracts are fundamental to business relationships as they clearly define the rights and responsibilities of all parties. Effective contracts minimise your business risks and prevent disputes by establishing clear expectations. Examples of vital business contracts include: Anticipating and managing risks is another important aspect of your business stability. Instruments like comprehensive insurance coverage and proactive dispute resolution mechanisms safeguard your business against financial loss and maintain continuity. M&As can accelerate growth but require careful legal oversight to ensure smooth transitions. If this is a route you consider for your business, it is vital to conduct thorough due diligence and incorporate protective clauses in agreements. You must ensure that your legal team assesses the financial health, legal compliance, and intellectual property status of the acquired company before finaliing transactions. Also ensure that your team conducts antitrust analysis and secure necessary regulatory approvals to avoid competition issues. Expanding internationally opens your business to more revenue opportunities but also introduces legal challenges. Proper planning is essential to mitigate risks and ensure compliance. Below are factors you must consider to carry out cross-border operations: Embracing digital transformation can enhance efficiency but also poses cybersecurity risks. Legal measures must be taken to protect data and ensure compliance. Conclusion True business growth isn’t just about bold moves; it’s about making them wisely. The most resilient businesses don’t just move fast—they move smart, securing opportunities with strategies that anticipate challenges before they arise. Legal foresight isn’t just about protection; it’s about power. It ensures that every contract, every expansion, and every innovation isn’t just a leap forward, but a step toward lasting success. As you navigate your next phase of growth, consider the legal safeguards that will protect your progress. Now is the time to assess your current legal framework and identify areas for improvement. 

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Understanding Copyright Infringement: Key Laws, Penalties, and How to Protect Your Work

Copyright infringement is a serious issue that can have significant legal and financial consequences. Whether you’re an artist, writer, entrepreneur, or business owner, it’s essential to understand how copyright laws work and how to protect your intellectual property from unauthorized use. In this article, we’ll explore what copyright infringement is, the penalties for violating copyright laws, and how you can safeguard your work from infringement. What Is Copyright Infringement? Copyright infringement occurs when someone uses a copyrighted work without permission from the copyright holder. This can include reproducing, distributing, performing, or displaying a protected work without authorization. Copyright applies to a wide range of creative works, including: The key factor in determining infringement is whether the work is used without the consent of the copyright holder, or outside of any fair use exceptions allowed by law. Common Types of Copyright Infringement Penalties for Copyright Infringement The penalties for copyright infringement can be severe, depending on the nature of the violation and the intent behind it. These can include: How to Protect Your Work from Copyright Infringement To avoid copyright infringement, consider these steps: Conclusion Copyright law is a vital tool for protecting your creative work. Understanding what constitutes copyright infringement and how to prevent it can help you safeguard your intellectual property and avoid costly legal battles. If you believe your copyright has been infringed, it’s crucial to consult with an experienced attorney who can guide you through the process of enforcing your rights. If you’re facing issues with copyright infringement or need help protecting your work, [Your Law Firm Name] is here to assist. Our team of experienced attorneys can provide you with personalized legal advice and support tailored to your specific needs.

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Navigating Family Law: Key Legal Issues in Divorce, Custody, and Child Support

Navigating Family Law: Key Legal Issues in Divorce, Custody, and Child Support Family law is a specialized area of legal practice that deals with a range of personal and sensitive issues. From divorce and child custody to spousal support and adoption, family law impacts some of the most important aspects of our lives. At Njunkim Legal, we understand how overwhelming these matters can be, and we’re here to guide you through every step of the process with expertise and compassion. In this post, we’ll explore the most common family law issues, how they are handled in court, and how you can protect your rights. What Is Family Law? Family law governs legal matters that involve familial relationships, such as marriage, divorce, child custody, child support, adoption, and domestic violence. The goal of family law is to ensure the fair and just resolution of these disputes, with a focus on protecting the well-being of individuals, particularly children. Family law varies from state to state, but in general, it covers the following areas: Key Family Law Issues 1. Divorce: What You Need to KnowDivorce is one of the most common family law matters. It involves the legal process of dissolving a marriage, which often includes dividing assets and debts, determining alimony, and deciding on child custody and visitation. Key considerations include: 2. Child Custody and VisitationChild custody disputes are often at the center of family law cases, particularly in divorce proceedings. There are two types of custody: Courts generally make custody decisions based on the child’s best interests, considering factors such as the child’s age, health, relationship with each parent, and the ability of each parent to provide a stable environment. 3. Child SupportChild support is financial assistance provided by one parent to the other for the care and upbringing of their child. Child support amounts are typically calculated based on both parents’ income, the child’s needs, and the custody arrangement. Failure to pay court-ordered child support can result in penalties, including wage garnishment or even jail time in some cases. 4. AdoptionAdoption is the legal process through which a person or couple becomes the legal parent(s) of a child. This may involve: The adoption process can be lengthy and emotionally challenging, but it provides children with a permanent and legally recognized family. 5. Domestic Violence and Protection OrdersIf you or a loved one is experiencing domestic violence, you may be entitled to a protection order (also known as a restraining order). Family law provides legal mechanisms to prevent abuse by granting protective orders that prohibit an abuser from contacting or approaching the victim. Protection orders can include provisions such as: How Njunkim Legal Can Help Family law matters are often emotionally charged, and navigating the legal complexities can be overwhelming. At Njunkim Legal, we are committed to helping you resolve your family law issues with a personalized approach that takes your unique situation into account. Our experienced family law attorneys can provide invaluable support by: Conclusion Family law cases can be some of the most difficult and emotionally draining legal matters to navigate. Whether you are facing a divorce, fighting for custody of your children, or dealing with a domestic violence issue, it is essential to have experienced legal representation on your side. At Njunkim Legal, we are here to provide you with the support, guidance, and expertise you need during these challenging times. If you’re dealing with a family law issue, don’t hesitate to reach out to us for a consultation. Our compassionate team at Njunkim Legal is ready to help you protect your rights and work toward a resolution that serves your best interests.

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