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INTRODUCTION
The pace of innovation has never been faster. Every day, Nigerian entrepreneurs launch new digital platforms, software developers build artificial intelligence-powered solutions, musicians, writers and filmmakers create content for a global audience, and startups leverage emerging technologies to solve local problems. Yet, as innovation accelerates, a critical question persists: Is Nigeria’s Intellectual property framework evolving fast enough to protect the ideas driving the fast growing digital economy?
The rapid rise of artificial intelligence has further complicated this landscape. AI systems can now generate music, artwork, software code, written content, and even inventions, challenging long established principles of authorship, ownership, originality and patentability. At the same time, the ease with which digital content can be copied, modified, and distributed has heightened concerns about piracy, infringement and the unauthorised exploitation of intellectual assets. For creators, innovators, researchers, and investors, effective intellectual property protection is no longer the safeguard. It is an essential tool for innovation, economic growth and global competitiveness.
Recognising these realities, Nigeria introduced the National Intellectual Property Policy and Strategy (NIPPS) 2025, a comprehensive framework aimed at modernising the country’s intellectual property system. The Policy seeks to strengthen legal and institutional frameworks, encourage innovation and commercialisation, improve enforcement and align Nigeria’s IP regime with international best practices. While the Policy signals a significant commitment to reform, its true impact will depend on effective implementation and its ability to address longstanding challenges within Nigeria’s intellectual property ecosystem.
This article examines the National Intellectual Property Policy and Strategy 2025, analyses its key reforms, and assesses whether it has the potential to deliver stronger intellectual property protection in Nigeria following the rise of artificial intelligence and other emerging technologies.
UNDERSTANDING THE NATIONAL INTELLECTUAL PROPERTY POLICY AND STRATEGY 2025
The National Intellectual Property Policy and Strategy (NIPPS) 2025 is Nigeria’s first comprehensive policy framework aimed at strengthening the country’s Intellectual Property (IP) ecosystem. Approved by the Federal Executive Council on November 6, 2025, with support from the World Intellectual Property Organization (WIPO), the Policy provides a coordinated approach to the creation, protection, commercialisation, and enforcement of IP rights.1 The Policy recognises IP as more than a legal concept, positioning it as a strategic tool for innovation, economic growth and national development. It was introduced to address persistent challenges within Nigeria’s IP system, including outdated legislations, weak institutional coordination, limited commercialisation of research, inadequate public awareness and the growing impact of emerging technologies. The Policy seeks to establish a modern and coherent framework capable of supporting Nigeria’s transition to a knowledge-based economy while aligning with international best practices.
The development of the Policy was led by the Federal Ministry of Industry, Trade and Investment (FMITI) through the Nigerian Copyright Commission (NCC), in collaboration with the Trademarks, Patents and Designs Registry, the National Office for Technology Acquisition and Promotion (NOTAP), the Federal Ministry of Justice and the World Intellectual Property Organization (WIPO). This collaborative approach reflects the cross-sectoral nature of intellectual property governance. The Policy envisions an efficient, balanced and inclusive IP system that encourages creativity, stimulates innovation and contributes to sustainable socio-economic development. To achieve this vision, it seeks to strengthen the legal and institutional framework for IP administration, improve enforcement, increase public awareness, promote technology transfer and facilitate the commercialisation of intellectual assets.
A key objective of the Policy is promoting innovation by creating an environment where inventors, researchers and creators are encouraged to develop and protect new ideas. It also emphasises the commercialisation of intellectual property by encouraging stronger collaboration between research institutions, universities and industries to transform innovations into commercially viable products and services. The Policy further advocates the harmonisation of Nigeria’s intellectual property laws to eliminate inconsistencies and ensure that the legal framework adequately responds to technological advancements. By modernising IP regulation, the Policy aims to improve investor confidence, attract foreign investment and support economic diversification beyond traditional sectors.
The significance of the NIPPS lies in its holistic approach to intellectual property governance. Beyond strengthening legal protection, it provides a strategic roadmap for leveraging intellectual property as a driver of innovation, commercialisation, economic development and digital transformation. If effectively implemented, the Policy has the potential to position Nigeria as a more competitive participant in the global knowledge economy.
KEY REFORMS INTRODUCED BY THE NIPPS
Legislative Reforms
The Policy identifies the need to overhaul existing statutes to meet international standards and the demands of the digital age. The Copyright Act 2022 is the cornerstone of this reform, having repealed the 2004 Act, it provides for the protection and administration of copyright in the digital environment. It introduces online content take-down procedures and technological protection measures to combat internet-based infringement.2 The Policy seeks to build on these reforms by ensuring that copyright law remains responsive to technological developments and the growing digital economy. It adopts an IP-driven approach to reforming Nigeria’s creative and innovation economy, with implications for sectors including music, film, publishing, software and digital content. Its emphasis on stronger IP protection and enforcement, modernised administration, commercialisation of IP assets and technology transfer is intended to enable creators, innovators and businesses in these sectors to derive greater economic value for their intellectual assets. The emergence of artificial intelligence also exposes gaps that the current legislation does not expressly resolve, including questions of authorship, ownership and the use of copyrighted works in AI development. The Policy therefore provides a basis for future reforms to address such challenges.
The Patents and Designs Act (PDA) establishes the principal requirements for patentability.3 Given that the PDA was enacted within a technological landscape that has since evolved, aspects of its framework have become increasingly inadequate to address contemporary forms of innovation and technological development. The Policy proposes modernising this framework, including the introduction of substantive examination of patent applications as opposed to the formal examination the Act provides, a limitation that undermines the credibility of the rights granted and discourages domestic and foreign investment.4 This would strengthen the assessment of novelty, inventive step and industrial applicability and improve the quality of patents granted in Nigeria. The Policy also proposes the introduction of utility models or petty patents, which could provide a simpler and more affordable form of protection for incremental innovations, particularly those developed by Small and Medium-sized Enterprises (SMEs) and local innovators. These reforms would make the patent system more accessible while strengthening its ability to support technological innovation.
For Trademarks, the Policy proposes reviewing the outdated Trademark Act to reflect contemporary commerce, particularly the growth of service-based and digital businesses. One significant proposed reform is the recognition of service marks, which would strengthen protection for businesses whose principal commercial value lies in services rather than physical goods. The Policy also seeks more efficient and transparent registration processes and the need to align Nigerian trademark law with the Agreement on Trade-Related Aspect of Intellectual Property Rights (TRIPS), particularly in relation to service marks and use requirement.5 The Policy also proposes modernising the industrial design protection framework and improving the efficiency of design registration.
Beyond Patents and Industrial design, the Policy proposes reforms to strengthen and operationalise the Plant Variety Protection Act 2021, including improving the capacity of the Plant Variety Protection Office. This is intended to encourage investment in agricultural research and plant breeding by giving breeders stronger incentives to develop commercially valuable varieties. The reform demonstrates that the NIPPS views IP as relevant not only to technology and creative industries but also to agriculture, food security and biotechnology.
Recognising the existing gaps in the protection and preservation of traditional knowledge (TK), genetic resources and traditional cultural expressions, the Policy proposes a framework that can protect such knowledge while enabling communities to participate in the benefits arising from its legitimate commercial use. It also emphasises the establishment of a national TK Registry to facilitate their identification, documentation and protection.
Institutional Reforms
Recognising that effective legislation requires effective institutions, the Policy emphasises dismantling bureaucratic institutions to create a more efficient IP administration system to improve coordination between them. A major institutional reform is the digitisation and automation of IP registration. The Policy seeks to replace slow and largely manual processes with electronic filing, processing, record management and access to IP information. This would improve the efficiency of the existing registration systems established under the Trade Marks Act and Patents and Designs Act, reduce administrative delays and make IP protection more accessible to businesses and innovators particularly with regulatory bodies such as the National Agency for Food and Drug Administration and Control (NAFDAC), the Standards Organization of Nigeria (SON), and the Nigeria Customs Service, which play crucial roles in IP protection and enforcement.
The Policy places significant emphasis on strengthening the institutional capacity of the Nigerian Copyright Commission (NCC) and equipping it to respond more effectively to emerging challenges in the copyright environment, particularly those arising from technological and digital developments.
To ensure harmony, the Policy establishes an Inter-Ministerial Steering Committee, an IP Stakeholder’s Forum, an Inter-Agency Coordination Group, and agency-level implementation units involving key bodies like the Federal Ministry of Industry, Trade and Investment (FMITI), the NCC, and the National Office for Technology Acquisition and Promotion (NOTAP). They are expected to ensure that IP policy is implemented in coordination as a national economic strategy rather than through isolated institutional efforts.
Enforcement Reforms
The Policy recognises that protecting IP rights are only as effective as their enforcement and sets out extensive reforms aimed at strengthening compliance with the law and deterring infringement. It recognises counterfeiting and piracy as significant threats to Nigeria’s creative industries, businesses and innovation ecosystem. Although the existing IP laws provide enforcement mechanisms, the Policy seeks stronger coordination and institutional capacity to make those mechanisms more effective. The Copyright Act and the Trademark Act provides enforcement measures for infringement, but the Policy proposes strengthening these mechanisms and developing a more comprehensive approach to combating physical counterfeiting and digital piracy.
Counterfeit products often enter the country through international supply chains. The policy therefore promotes stronger cooperation between IP rights holders, Customs and other border agencies. It emphasises regional cooperation under the Economic Community of West African States (ECOWAS) and African Continental Free Trade Area (AfCFTA), which is crucial given the persistent challenge of cross-border piracy and counterfeiting, especially with pharmaceuticals, consumer goods, and creative content.
The Policy further aims to strengthen IP enforcement in Nigeria by building the capacity of the police and other enforcement agencies to handle increasingly complex infringement cases involving online marketplaces, social media, digital evidence, and cross-border transactions. It also emphasises judicial capacity-building, promoting specialised training for judicial officers to handle technically complex IP disputes, which complements existing law such as section 32 of the Patents and Designs Act, which designates the Federal High Court as the competent court for such matters. In addition to formal enforcement, the Policy encourages Alternative Dispute Resolution (ADR), particularly mediation and arbitration as a faster, more commercially oriented approach for disputes involving licensing, royalties, technology transfer, and other contractual IP arrangements.
Commercialisation of Intellectual Property
One of the most significant aspects of this Policy is its attempt to shift Nigeria from an IP system primarily focused on protection to one that also facilitates commercialisation. The Policy seeks to connect innovators, creators, researchers, and investors and transform IP into commercially valuable assets. It addresses the weak link between research and the marketplace by promoting stronger university-industry collaboration, IP management, and technology-transfer structures, so that universities and research institutions can better identify protectable innovations, secure IP protection, and negotiate licensing or commercialisation deals.
The Policy also targets startups and SMEs, who often hold valuable but underutilised intangible assets such as trademarks, software, inventions, and confidential information. It aims to make IP protection more accessible to them, notably through a proposed utility-model system offering a simpler, cheaper route to protecting incremental innovations, alongside collaboration with innovation hubs, research institutions, and SMEs.
On licensing and technology transfer, the Policy recognises licensing as key to converting IP rights into revenue, in accordance to the Patents and Designs Act6, which grants patentees exclusive rights forming the basis for licensing and assignment. The Policy seeks to strengthen the surrounding ecosystem, improving IP valuation and licensing mechanisms and reinforcing institutions like NOTAP to support clear commercialisation pathways.
Emerging Technologies
The Intellectual Property Policy and Strategy is particularly significant because it recognises that technological developments are creating IP questions that Nigeria’s existing legislation was not originally designed to address.
On Artificial Intelligence, it notes that the Copyright Act 2022 lacks a comprehensive regime addressing authorship, ownership, and infringement issues arising from AI-generated content and training data, so the Policy lays a foundation for future legislative responses. It takes a similar approach to digital assets and Non-Fungible Tokens (NFTs), emphasising that IP should be treated as an economic asset and clarifying that owning an NFT does not equate to owning copyright in the underlying content, while stopping short of creating a specific NFT regime, instead offering a broader framework for future regulation.
It also flags Big Data, databases, and data-driven innovation as areas needing more legal attention, given their centrality to AI, fintech, and digital commerce, and addresses biotechnology by building on the Patents and Designs Act and the Plant Variety Protection Act, while calling for stronger protection of genetic resources and traditional knowledge. For software, it recognises the layered protection already available for copyright protection and supports strengthening copyright, patent, trade-secret, and database protections to serve the industry's varied needs.
WILL THE POLICY DELIVER STRONGER IP PROTECTION
The Policy presents a modern and forward-looking vision for strengthening intellectual property protection in Nigeria. Its major strength is that it moves beyond the traditional emphasis on registration and protection to recognise IP as an instrument for innovation, investment, trade and economic development. By proposing the modernisation of IP legislation and administration, digitisation of registration, stronger enforcement and improved inter-agency cooperation, the Policy seeks to bring Nigeria closer to international IP best practices. Its emphasis on emerging areas such as artificial intelligence, biotechnology, databases, traditional knowledge and digital innovation also makes the framework more responsive to contemporary technological realities. Importantly, stronger enforcement mechanisms can further increase investor confidence by assuring businesses that their trademarks, inventions, creative works and other intangible assets can be protected against infringement. In this respect, the Policy has the potential to benefit creators, encourage research and innovation, attract investment and transform intellectual property into a more significant contributor to Nigeria’s economy.
However, the strength of the Policy ultimately depends on implementation, and this presents its greatest limitation. Many of its proposals require legislative amendments, institutional restructuring, funding, specialised personnel and effective coordination before they can produce tangible results. Inadequate funding could limit the modernisation and digitisation of IP offices, while a shortage of technically trained examiners, enforcement officers and judicial personnel could undermine the reforms. Institutional overlap between agencies responsible for different aspects of IP administration and enforcement may also create duplication and delay if effective coordination is not achieved. These concerns are particularly relevant given the existing challenges associated with lengthy judicial processes; even where an IP owner has a valid right, delayed resolution of infringement disputes can significantly reduce the commercial value of that right. Similarly, limited public awareness, particularly among startups, SMEs, researchers and creators, may prevent many rights holders from registering and effectively exploiting their intellectual property. The Policy’s ambitious proposals must therefore be accompanied by sustained government funding, clear institutional responsibilities, public education and measurable implementation mechanisms if they are to translate from policy objectives into practical protection.
There are also broader structural challenges that the Policy alone may not be capable of resolving. Piracy and counterfeiting remain persistent problems, particularly in the creative and consumer-goods sectors, and stronger laws will have limited effect where enforcement remains inconsistent. A poor enforcement culture, corruption, inadequate technological infrastructure and limited capacity to investigate digital infringement may continue to frustrate rights holders even after legislative reforms are introduced. The growth of online platforms and artificial intelligence also means that infringement can occur across jurisdictions and at a speed that traditional enforcement mechanisms may struggle to match. Consequently, while the policy provides a strong foundation for a more effective and commercially oriented IP system, it should not be viewed as a complete solution to Nigeria’s IP challenges. Its success will depend on political commitment, adequate funding, institutional accountability, judicial efficiency, technological capacity and consistent enforcement. Ultimately, the Policy can deliver stronger IP protection, but its effectiveness will be determined less by the ambition of the Policy itself than by Nigeria’s ability to faithfully and sustainably implement it.
CONCLUSION
The National Intellectual Property Policy and Strategy 2025 marks an important step in Nigeria’s attempt to rethink how intellectual property is created, protected, enforced and ultimately turned into economic value. From proposed legislative reforms and stronger enforcement mechanisms to digital administration, commercialisation and attention to emerging technologies, the Policy recognises that Nigeria can no longer afford to treat intellectual property as merely a matter of registration and legal protection. In an economy increasingly driven by creativity, technology, research and innovation, strong IP protection is essential to giving creators, inventors, businesses and investors the confidence to create and invest.
Yet, a good policy is only as valuable as its implementation. The challenges of inadequate funding, institutional weaknesses, limited awareness, piracy, enforcement gaps and judicial delays cannot be solved by policy statements alone. This therefore presents both an opportunity and a test: an opportunity to build an IP ecosystem that rewards innovation and creativity, and a test of Nigeria’s willingness to provide the institutions, resources and commitment required to make that vision a reality. The success of the Policy will not be measured by how ambitious its proposals appear on paper, but by what changes people can experience in practice. If effectively implemented, the Policy could move Nigeria from a system where IP rights are merely recognised to one where they are genuinely respected, protected and commercialised, creating an environment where innovation is not only encouraged, but rewarded.
Footnotes
1. WIPO, ‘Nigeria’s Federal Executive Council Approves National Intellectual Property Policy and Strategy’ (2025) https://www.wipo.net/en/web/office-nigeria-s-federal-executive-council-approves-national-intellectual-property-policy-and-strategy) accessed August 7, 2026.
2. Copyright Act 2022, ss 55-57
3. Patents and Designs Act 2004, s.1
4. Patents and Designs Act, s.4(4)
5. TRIPS, Arts. 19 and 20
6. Patents and Designs Act, s.6
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