Industrial Designs Law in Nigeria

30 May 2025 --
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In Nigeria, industrial design protection is governed by the Patents and Designs Act (Cap P2, Laws of the Federation of Nigeria). This legislation provides a legal framework for the protection of the aesthetic aspects of products, such as their shape, pattern, and color.(metalexlegal.com)

📝 Key Provisions of the Patents and Designs Act (Cap P2)

1. Definition of Industrial Design

An industrial design is defined as:

Any combination of lines or colors, or any three-dimensional form, whether or not associated with colors, that is intended by the creator to be used as a model or pattern to be multiplied by industrial processes and is not intended solely to obtain a technical result.(app.metalexlegal.com)

2. Registrability Criteria

To be eligible for protection, an industrial design must:

Be new: No identical design has been made available to the public before the date of application for registration.

Be original: Independently created and not a copy or imitation of existing designs.

Not be dictated solely by technical function: If the design is dictated exclusively by the technical function of the product, it is not eligible for design protection.

Not be contrary to public order or morality: Designs that violate ethical or moral standards are excluded from protection.

Not include protected official symbols or emblems: Such as the national flag or coat of arms.(Famsville, Mondaq)

3. Ownership and Rights

The right to registration of an industrial design is vested in the statutory creator, who is the first person to file an application for registration.

If the statutory creator is not the true creator, the true creator is entitled to be named as such in the register.

If an application is made without the consent of the true creator, all rights in the application and any consequent registration shall be deemed to be transferred to the true creator.

When an industrial design is created in the course of employment or under a contract for specified work, the ownership of the design shall be vested in the employer or the person who commissioned the work.(LawGlobal Hub, WIPO)

4. Registration Process

An application for registration must be made to the Registrar and shall contain:

A request for registration of the design.

The applicant's full name and address.

A specimen of the design or a photographic or graphic representation of the design.

An indication of the kind of product for which the design will be used.

A statement of novelty of the design.

A Power of Attorney/authorization of agent if the application is submitted by an agent.

Where the applicant seeks foreign priority, a certified copy of the earlier application.(WIPO, Benchmac & Ince)

Upon receiving the application, the Registrar examines it to ensure conformity with the Act.

If the application satisfies the requirements, a registration certificate is issued.(Benchmac & Ince, Mondaq)

5. Duration of Protection

The term of protection for a registered industrial design is five (5) years from the date of application.

Subject to the payment of renewal fees, it may be renewed for two further consecutive periods of five (5) years each, totaling a maximum protection period of fifteen (15) years.(Benchmac & Ince)

6. Rights Conferred by Registration

The registration of a design confers on the registered owner the right to preclude others from:

Reproducing the design in the manufacture of a product.

Importing, selling, or utilizing for commercial purposes a product reproducing the design.

Holding such a product for the purpose of selling it or utilizing it for commercial purposes.(Benchmac & Ince)

These rights apply to acts done for commercial or industrial purposes and shall not extend to acts done in respect of a product incorporating a registered design after the product has been lawfully sold in Nigeria.(Benchmac & Ince)

7. International Protection

Nigeria is a member of the Paris Convention for the Protection of Industrial Property. Under this convention, an applicant who has filed an application for an industrial design in a convention country is entitled to claim priority in Nigeria, provided the application is made within six months of the foreign application.(LawGlobal Hub)

📌 Summary Table

Aspect

Details

Governing Legislation

Patents and Designs Act (Cap P2, Laws of the Federation of Nigeria)

Definition

Combination of lines/colors or 3D form intended for industrial application

Registrability

Must be new, original, not dictated solely by technical function, and not contrary to public order or morality

Ownership

Vested in the statutory creator; true creator may be named in the register

Registration Process