Nigeria

In the fashion industry, IPRs often overlap and interact to protect a single product. This layered protection is vital where creativity, branding, and innovation meet.

These overlapping rights serve different purposes but collectively enhance the legal protection available to fashion creators. Trademarks build brand recognition and consumer loyalty, copyrights protect artistic creativity, industrial designs preserve the visual uniqueness of products, patents secure technological advancements, and trade secrets maintain competitive business practices. By combining these rights, fashion brands can create a robust IP portfolio that not only deters infringement but also adds commercial value through licensing, franchising, and brand expansion.

In Nigeria, trademarks are key for brand protection in fashion. The Trademarks Act governs their registration and protection, including non-traditional types (see below). This ensures businesses can protect their identity and prevent unauthorised use.

Non-traditional trademarks. Non-traditional trademarks, such as colour marks, position marks, shape marks, and pattern marks, can be registered if they are distinctive and identify a business’s goods or services. The case INTL TOBACCO (NIG) LTD & ORS v. B.A.T (NIG) LTD & ANOR (2023) LPELR-60272(SC) shows the need for distinctiveness, including in colours.

Protection for unregistered marks. Unregistered trademarks, while not protected under the Act for infringement claims, may still enjoy protection under the common law tort of passing off. This doctrine safeguards the goodwill and reputation associated with a mark that has become distinctive in the marketplace. To succeed in a passing-off action, the claimant must prove misrepresentation, goodwill, and damage. Nigerian courts have consistently upheld passing-off claims, recognising them as statutory rights under section 3 of the Act, as affirmed by the Supreme Court in Patkun Industries Ltd v. Niger Shoes Ltd and DYKTRADE LTD v. OMNIA (NIG) LTD further illustrates the effect of an unregistered trademark and the potential for protection through passing-off actions. To succeed in a passing-off claim, the plaintiff must demonstrate goodwill or reputation in the mark, misrepresentation by the defendant leading to confusion, and damage to the plaintiff’s goodwill.

“Made in” regulations. The Trademarks Act and related rules do not address “Made in” labels directly. The National Agency for Food and Drug Administration and Control (NAFDAC’s) guidelines require accurate labels, including the manufacturer’s address, which links to origin claims. While there is no law mandating origin labels for fashion items, compliance with the Standards Organisation of Nigeria (SON) and customs standards is essential. These rules help support brand authenticity and protect consumers, especially during export and trade under the African Continental Free Trade Area (AfCFTA).

Recent developments

Trademark modernisation and Registry activity. The Registry has begun modernising, publishing new Trademark Journal volumes in May 2025. These include more non-traditional applications such as colour and packaging marks. The 2023 Business Facilitation Act broadened trademark definitions. The Registry also reinforced the two-month opposition period to boost public input in trademark review and disputes.

Digital traceability and anti-counterfeiting measures. In June 2025, the Federal Competition and Consumer Protection Commission (FCCPC) formed a joint interagency committee to develop a digital traceability portal. This initiative aims to combat counterfeiting in fashion and consumer goods by allowing consumers and regulators to verify product authenticity through mobile and web platforms. The portal will integrate data from NAFDAC, Nigeria Customs Service, and the SON, offering fashion brands a powerful tool for supply chain transparency and IP enforcement.

WIPO’s fashion IP initiative. In July 2025, the WIPO Nigeria Office introduced an initiative to support African fashion designers in leveraging intellectual property for brand growth and global exposure. It offers webinars, mentorship, and branding resources. The program stresses registering trademarks, copyrights, and industrial designs, with Nigeria as a pilot country.

Recognition of fashion law as a legal specialty. The Nigerian Bar Association (NBA) has formally recognised fashion law as a distinct legal practice area. This recognition encourages lawyers to develop expertise in the unique legal needs of fashion businesses, including IP protection, contract structuring, licensing, and dispute resolution. It also signals a broader shift toward tailored legal services for Nigeria’s creative economy.

Design protection under the Patents and Designs Act (Cap P2, LFN 2004) safeguards the aesthetic features of fashion items — shape, pattern, ornamentation — not functionality. Section 12 defines an industrial design as any combination of lines, colours, or 3D forms intended for industrial reproduction. Commonly protected items include clothing, footwear, handbags, and jewellery.

To qualify, a design must be new and not contrary to public order or morality (section 13). Registration grants exclusive rights for five years, renewable twice (to a maximum of 15 years), to reproduce, import, sell, or use the design (section 19). Design protection complements trademarks (brand identity) and copyright (artistic works), filling gaps where those rights fall short; for example, protecting a garment’s shape or fabric pattern intended for mass production.

Despite its benefits, which include deterring counterfeits, enabling licensing, and enhancing brand value, awareness among Nigerian designers remains low. Education and reform are needed to boost adoption.

The Patents and Designs Act (Cap P2, LFN 2004) protects industrial designs — features of shape, pattern, or ornamentation applied through industrial processes that give a product a distinctive appearance. Under section 19(1), registration grants the owner exclusive rights to prevent reproduction. In Metropolitan Industries (Nig) Ltd v. Industrial Applications (Nig) Ltd, the court affirmed that only designs that are novel and original qualify for protection, clarifying the applicable legal standards.

In the fashion industry, copyright protects artistic elements such as sketches, textile patterns, and embroidery, which are protected automatically upon creation, though registration with the Nigerian Copyright Commission is advisable. Protection lasts for the author’s lifetime plus 70 years, or 70 years from publication for corporate or anonymous works. However, section 2(6) of the Copyright Act excludes artistic works intended for industrial or mass production, meaning garments derived from protected sketches may fall outside copyright protection.

Industrial design registration covers the overall visual appearance of fashion items intended for mass production, while trademarks protect brand identity. Together, these rights form a layered IP strategy. For example, a Nigerian designer may copyright an Ankara pattern, register the dress design if novel, and trademark the brand name. Despite their importance, many designers underutilise these protections due to limited awareness. As Nigerian fashion gains global visibility, adopting a multi-pronged IP strategy is essential to safeguard creativity and commercial value.

Beyond trademarks, copyright, and industrial designs, patents and geographical indications (GIs) are emerging tools for protecting innovation and cultural heritage in Nigeria’s fashion industry.

Under the PDA, patents protect technical fashion innovations such as smart fabrics, wearable technology and eco-friendly manufacturing processes. Patent protection lasts 20 years but, because Nigeria operates a formality-based system, patents are easier to obtain yet more vulnerable to legal challenges. Although most designers do not use patents due to cost and limited relevance to aesthetics, they can complement other IP rights, for example by patenting a smart fabric while trademarking and registering its design.

GIs protect products whose qualities are linked to their geographic origin and are particularly relevant for traditional Nigerian textiles such as Adire, Akwete cloth, Aso-Oke, Kano leather, and Zaria embroidery. Nigeria currently lacks a dedicated GI law, relying instead on certification marks, which offer limited protection.

To address this gap, a Draft Geographical Indications Bill was submitted in January 2025 and, if enacted, would protect regional names, support exports, and promote cultural preservation.

Though underutilised, patents and GIs offer strategic value by safeguarding innovation and promoting indigenous fashion as Nigeria’s IP framework evolves.

Licence agreements

In Nigeria’s fashion industry, licence agreements allow brand owners to permit third parties to use trademarks, designs, or copyrighted works for manufacturing or distribution while retaining ownership.

Typical clauses cover the scope and duration of rights, quality control and payment terms, IP ownership, termination and dispute resolution. These agreements enable brand expansion without loss of control.

Non-disclosure agreements (NDAs)

NDAs protect confidential information such as design, production methods and business strategies shared with collaborators. Under Nigerian law, key provisions define confidential information, impose confidentiality obligations, set exclusions, specify the duration of protection, outline remedies for breach and establish governing law and jurisdiction. Building on protections for confidential information, effective subcontract agreements are also essential when working with suppliers or managing in-house production.

Subcontract agreements with suppliers/in-house manufacturing

Subcontract agreements govern relationships with suppliers or in-house manufacturers handling production. They typically define the scope of work, timelines, payment terms, quality standards, IP ownership, confidentiality obligations, termination rights, and compliance with labour and environmental laws. These contracts are increasingly important as Nigeria’s garment manufacturing sector expands.

Agency agreement

Agency agreements are commonly used in Nigeria’s fashion industry to appoint agents to market or sell products, without transferring ownership. Typical clauses address the agent’s authority, commission, duration, reporting duties, and confidentiality/IP protection. Nigeria has no statutory agency indemnity regime; indemnities are governed by contract and usually allocate liability for acts within the agent’s authority, often on a mutual basis.

Selective distribution and trademark protection

Luxury fashion brands use selective distribution to preserve brand prestige, particularly online. Nigerian contract and trademark law support this model through clauses limiting sales to authorised retailers, restricting third-party online marketplaces, and enforcing trademark rights against unauthorised sellers.

Co-branding and co-marketing

Co-branding collaborations allow brands to jointly develop and market products. Key clauses regulate brand usage, quality control, royalty and revenue sharing, reputational damage, and ownership and co-existence of jointly created IP.

Franchising and alternative sales models

Franchising enables fashion brands to scale while maintaining brand control. Core franchise terms cover fees and royalties, territorial exclusivity, brand standards and training, audit rights, and termination restrictions. Alternative models, corner stores, consignment arrangements, and pop-up stores require tailored provisions on inventory, branding, liability, insurance, and revenue sharing.

Fashion advertising is regulated by the ARCON Act 2022 and the Nigerian Code of Advertising Practice. Advertising agreements typically address creative approval, regulatory compliance (including ARCON approval and the 75% local content rule), IP ownership, performance metrics, and termination for regulatory breaches.

Employing fashion models

Models work under employment or independent contractor agreements. Key clauses in model agreements include scope of work, usage rights, exclusivity, compensation, and model release provisions governing use of the model’s image.

Social media, influencers, brand ambassadors/celebrities

Influencer and ambassador agreements manage social media and celebrity collaborations. Essential terms cover content creation and approval, exclusivity, compensation, IP and likeness rights, and morality clauses. Where pop-up stores are involved, agreements should also regulate event promotion, appearance fees, and ownership of event content.

Advertising standards, relevant authorities and advertising practice

Fashion advertising in Nigeria is overseen by ARCON, FCCPC, and SON. Key requirements include mandatory ARCON approval, compliance with the 75% local content rule, truthful advertising, and prior consent for endorsements.

The FCCPA 2018 is Nigeria’s main consumer protection law. Key obligations include:

• plain-language terms;
• clear price display in Naira;
• truthful labels and trade descriptions;
• disclosure of second-hand goods;
• issuing proper receipts; and
• prohibitions on misleading advertising and unfair trade practices.

Consumers also have rights to safe goods, accurate information, and redress (returns/repairs/replacements/compensation). Fashion businesses must also consider ARCON pre-approval, SON labelling/standards, and NDPA/cybercrime compliance for e-commerce.

Nigeria does not expressly protect store layouts as a standalone IP right, but elements may be protected through:

• Copyright protection. Original artistic features (physical decor, online graphic user interface (GUI)), if sufficiently original.
• Design rights (industrial designs). Novel fixtures/display units; online UI protection is possible but largely untested.
• Trade dress and passing off. Protects the distinctive “look and feel” of a store that has acquired goodwill and distinctiveness, requiring proof of goodwill, misrepresentation, and resulting damage.

For online stores, practical protection also comes from trademarks (logos/ brand identifiers) and contract terms prohibiting copying, though enforcement can be difficult due to originality thresholds and cross-border infringement.