Understanding and Promoting Web Blocking Injunctions in Nigeria

Description

ABSTRACT

Understanding and Promoting Web Blocking Injunctions in Nigeria

Ayodele A. Adewole* and Onjefu Ochai**

The internet has brought about a new paradigm in infringement of intellectual property rights. Online piracy and counterfeiting are the new frontiers as far as the infringement of intellectual property is concerned. For instance, football games can be streamed live on a website, and internet users have access to protected materials using certain applications that are developed for the purpose. Internet access in Nigeria has been projected to grow steadily in the coming years, and this means that the potential for online intellectual property infringement is greater. The traditional method of dealing with online infringement of intellectual property was ‘Notice and Take Down,’ but presently web blocking injunctions are in wide use in Europe, the United Kingdom and a few other countries. In Nigeria, the intellectual property laws are set for review and there is a need to promote web blocking injunctions as an effective remedy for online infringements of intellectual property. Web blocking injunctions are statutory remedies, and the conditions for grant are prescribed by the enabling statute. The jurisprudence around web blocking injunctions has been well developed in Europe and the United Kingdom. The courts in the United Kingdom have been progressive in the interpretation of the scope of application of web blocking injunctions, and this is good for the protection of intellectual property generally. It is recommended that Nigerian legislation in this regard is modeled along the United Kingdom law.

Keywords: Intellectual property right, Piracy, Counterfeiting, Online infringement, Internet, Web blocking injunctions.

INTRODUCTION
In recent times the internet has evolved improving life in a host of ways ranging from commercial activities, health, education, entertainment, etc. In the face of these positive contributions of the internet, several examples of improper use of the internet abound. One of such practices is online piracy or the infringement of intellectual property in relation to movies, music, books, video games and the like, where they are being illegally, unlawfully or without authorisation uploaded, downloaded, streamed and distributed. Internet piracy is the unlawful reproduction and/or distribution of any copyrighted digital file or files over the Internet. It relates to music, movies, books, software, etc. The Alliance of Nollywood Guilds and Associations (ANOGA) states that no fewer than 200 websites have been pirating Nigerian intellectual property (IP) in the last 12 months.₁ In spite of the foregoing, there is an existent lacuna as no law provides an efficient means of tackling online piracy. It is in light of this that this article advocates the use of web blocking injunctions, in the way it is applied in the United Kingdom.

* PhD, BL. Department of Public Law, Faculty of Law, University of Jos, Nigeria.
** LLM, BL. National Film Corporation, Jos, Nigeria.

1. Chike Onwuegbuchi, ‘Anoga Intensifies Fight Against Online Piracy, Illegal Websites’ (Nigeria Communication Week 29 November 2017)  accessed 10 December 2018.

THE GRAVITAS REVIEW OF BUSINESS & PROPERTY LAW VOL.10 NO.1