Our articles often deal with intellectual property ("IP") in South Africa. But often we also cover IP issues in other African countries. In this article, we discuss some interesting IP developments in two important African countries, Nigeria and Tanzania.
Nigeria – Disk jockeys (DJs) must respect copyright law
The Nigerian Copyright Commission ("NCC") recently published an unusual notice. The notice stated that it is a requirement for Nigerian DJs to be registered and to comply with the law, which in this case is Nigeria's Copyright Act 2022. This included:
Licences:DJs will need to apply for licences and they will need to pay royalties to the 'approved Collective Management Organisation ("CMO") prior to engaging in' public performances. The CMO responsible for musical works and sound recordings in Nigeria is the Musical Copyright Society, Nigeria ("MCSN").
Fines and imprisonment: Any Nigerian DJ who plays music in public without first getting the necessary copyright licences from either the rights holder or the relevant Collective Management Organisation is likely to receive a significant fine, with a prison term of five years also being a possibility.
Advisory: The Director-General of the NCC has issued an advisory to DJs, entitled Warning To DJs On Public Performance Of Music Without Licence. The advisory says that the public performance of music by a DJ constitutesa 'communication to the public of the musical work and sound recording', and such a communication 'constitutes an infringement'. The advisory covers performances at a whole range of venues including hotels, clubs and other recreational facilities.
Copyright owners and exclusive rights: It is important to understand that the person or entity that owns the copyright in a musical work or sound recording has the exclusive right to 'reproduce, perform or communicate it to the public' – see sections 9 and 12 of the Copyright Act 2022.
Strict enforcement: The NCC has made it clear that it will arrest and prosecute any DJ who flouts the law. We understand that the NCC will be working with other relevant authorities to make sure that DJs comply with the Copyright Act.
Royalties: An organisation known as The Deejays Association of Nigeria ("DJAN") has entered into an agreement with the MCSN in terms of which DJAN can work with the MCSN to make sure that DJs pay their royalties.
It's interesting to see just how seriously the Nigerian authorities are taking DJs.
Nigeria – Issues with trade mark applications
Things are not quite as they should be at the Nigerian Trade marks Registry. We understand that a number of online trade mark applications have 'stalled'. We further understand that the Nigerian Registry has found a 'clever' way of handling these stalled online applications but there are limitations:
- It only applies to trade marks that were filed on the online platform
- It is also limited to specific registry actions, namely - amendments, appeals, refusals and withdrawals.
We understand that it is possible to request manual processing of an application. Should you have a query on a pending application, get in touch with ENS' Intellectual Property team.
Tanzania – Mandatory trade mark recordation
On 1 September 2025, Tanzania's Fair Competition Commission ("FCC") announced the implementation of a mandatory trade mark recordation system for all goods imported into mainland Tanzania. This follows the enactment of the Finance Act, 2025, which introduced Section 11A to the Merchandise Marks Act [Cap. 85 R.E. 2023]. The effects of this development are as follows:
- Under this new provision, all trade marks associated with imported goods - regardless of where they are registered - must be formally recorded with the Chief Inspector of Merchandise Marks in the prescribed manner
- Goods bearing unrecorded trade marks will be detained at the border, whether genuine or counterfeit
- The recordation requirement takes effect on 1December 2025 and is mandatory for all import-related trade marks
ENS' Intellectual Property team is here to support you with all trade mark-related matters, from recordation requirements to new applications.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
