Nigeria’s National IP Policy 2025: An analysis of key provisions

While Nigeria’s IP Policy is a significant step to modernising the country’s IP framework, effective implementation across existing statutes is key, write Victress Elechi & Boluwatife Oshikoya of Inventa.

Nigeria’s National Intellectual Property (IP) Policy 2025 (the ‘IP Policy’) was developed through the collaboration between the Federal Government of Nigeria and the World Intellectual Property Organization (WIPO) to reform IP governance.

The IP Policy marks a significant attempt toward modernising the country’s fragmented IP framework across the scientific, creative, digital, and agricultural sectors, aligning it with global commercial standards. It serves as a strategic roadmap with clear objectives and implementation structures to unlock the full potential of Nigeria’s IP ecosystem, strengthen innovation, attract foreign direct investment, and enhance enforcement mechanisms.

However, although the policy includes progressive measures aimed at improving IP governance, its practical impact will depend largely on its implementation across existing statutes, such as the Copyright Act 2022 of Nigeria, the Trade Marks Act of Nigeria, and the Patents and Designs Act of Nigeria.

Patent and innovation framework

The IP Policy identified challenges faced by the Patents and Designs Registry that hinder its activities, including the lack of substantive examination of patent applications, non-automated services, insufficient funding, and unreliable power supply.

Consequently, its objectives can be strengthened through legislative reforms to address these gaps, which currently impede creativity and discourage local and foreign investment. It also recommends incorporating the protection of utility models to cover innovations across all economic sectors.

A key provision is the promotion of local innovation ecosystems, including incentives for patent filings by Nigerian inventors. This is a positive development, as Nigeria has historically recorded low levels of patent activity compared with its economic size.

Reform of trademark administration

Regarding trademarks, the IP Policy aims to modernise registration and enforcement under Nigeria’s Trade Marks Act. It proposes digitising the registry, establishing efficient communication channels, shortening processing timelines, integrating service marks, issuing a Practice Direction to clarify the administrative and quasi-judicial functions of the Registrar, and improving opposition procedures.

The emphasis on digitisation is particularly important, as the current system is often criticised for delays and lack of transparency. A more efficient registry would likely boost investor confidence and reduce administrative bottlenecks.

However, it can be argued that the policy does not adequately address substantive legal reform. The Trade Marks Act itself is outdated in some respects, particularly regarding non-traditional marks such as sound and motion marks.

Strengthening copyright protection

The IP Policy reinforces the advances introduced by Nigeria’s Copyright Act 2022, particularly regarding digital content and enforcement. It emphasises the need for stronger anti-piracy measures and improved licensing frameworks for creators.

Additionally, policy encourages the protection of creative industries, especially in music, film, and software—but stronger judicial capacity and enforcement mechanisms are necessary to fully achieve their intended impact.

Harmonisation of Nigeria’s IP framework

A central objective of the National IP Policy 2025 is harmonisation. Nigeria’s IP system has historically been characterised by statutory fragmentation, with different laws governing copyrights, trademarks, and patents. The policy attempts to address this challenge by proposing a unified institutional framework, including improved cooperation between regulatory bodies.

While this is commendable, the policy does not clearly define how conflicts between statutes will be resolved in practice. For instance, overlaps between copyright protection for software under the Copyright Act and patentability issues under the Patents and Designs Act remain ambiguous.

Commercialisation of plant and animal varieties

The IP Policy emphasises the need to develop the Plant Variety Protection (PVP) Regulations to implement Nigeria’s PVP Act, 2021; improve frameworks for enforcing breeders’ rights; and raise awareness of IP rights related to plant and animal varieties.

It proposes that funding is essential for the development of new plant and animal breeds, along with policy incentives to promote the commercialisation of these varieties. An information data bank is also proposed to support the protection of these varieties.

Legislating traditional knowledge, genetic resources, and traditional cultural expressions

The IP Policy recommends strengthening regulatory frameworks for traditional medicine and knowledge to promote commercialisation, including the establishment of a national Traditional Knowledge Registry to ensure effective governance and ownership of creative works.

Development of new legislation for emerging fields

The policy further recommends enforcing legislation for trade secrets, as Nigeria currently lacks specific laws to protect them. This integration would encourage business owners to innovate without the need to patent certain inventions, especially those that are not patentable.

It also recommends establishing a registrability system for integrated circuits and enacting legislation for geographical indications, given their growing relevance and potential to boost economic development.

Enforcement and institutional capacity

One of the most critical aspects of the IP Policy is its focus on enforcement. It proposes the establishment of specialised IP courts or tribunals, greater use of alternative dispute resolution (ADR) mechanisms, and enhanced training for judges and enforcement agencies to strengthen enforcement actions. This is a step in the right direction as weak enforcement has long undermined IP protection in Nigeria.

Strengthening IP awareness and training

The IP Policy underscores the need to disseminate IP knowledge across all sectors. It highlights the importance of implementing compulsory IP training in universities and tertiary institutions, given the limited availability of IP courses.

It also recommends a structured plan to enhance the capacity of the Nigerian Copyright Academy through digital and outreach awareness programmes, supported by sustained funding for these initiatives.

Commercialisation and foreign investment

The IP Policy strongly links IP protection to foreign direct investment (FDI) and economic growth. It recognises that investors prioritise jurisdictions with predictable and enforceable IP systems.

By improving registration processes and enforcement, the policy aims to position Nigeria as a more attractive destination for international business. Investor confidence will depend not only on policies but also on the consistent enforcement of the law.

In addition, the policy encourages the monetisation of IP assets with the establishment of a National IP Commercialisation Framework, particularly among small and medium-sized enterprises.

A significant step

Nigeria’s National IP Policy 2025 represents a significant step toward modernising the country’s IP framework. Its focus on harmonisation, digital transformation, and enforcement demonstrates a clear understanding of the key challenges facing Nigeria’s IP system. The effectiveness of the policy will depend largely on legislative reform and institutional implementation.

In conclusion, while the IP Policy presents a positive vision, its success will require sustained political will, regulatory coordination, and investment in enforcement infrastructure. Nigeria will then be able to fully realise the economic and developmental benefits of a stronger and more effective IP system.

Victress Elechi is trademark and patent attorney at Inventa and can be contacted at velechi@inventa.com. This article was written in partnership with Boluwatife Oshikoya from the Inventa team.