Intellectual Property

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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