NAME: SOLOMON EZREA UKPAI

MATRIC NUMBER: 20080100037

LEVEL: 300L

COLLEGE: COLLEGE OF LAW

DEPARTMENT: LAW

COURSE: ICT LAW

COURSE CODE: LAW 306

QUESTION

I. WHAT IS PASSING OFF?

II. IS COMPUTER SOFTWARE PATENTABLE IN NIGERIA?

ANSWER I
In Nigeria, passing-off in the context of Information and Communication
Technology law primarily concerns unauthorized use or misrepresentation
of internet domain names, websites, or online platforms that may deceive
or confuse users.
Passing-off in ICT law generally falls within the realm of intellectual
property rights and is regulated by various statutes, including the
Cybercrimes (Prohibition, Prevention, etc.) Act of 2015 and the
Nigerian Copyright Act. However, it's important to note that passing-off
in the ICT domain may also involve other legal concepts, such as
trademark infringement, unfair competition, and consumer protection laws.

To establish a passing-off claim in the ICT context, the following elements

may need to be proven;
a) Reputation or goodwill: The claimant must demonstrate that they
have developed a reputation or goodwill associated with their domain
name, website, or online platform.

b) Misrepresentation: It must be shown that the defendant's actions,

such as using a similar domain name or creating a website with a
similar appearance, have caused or are likely to cause confusion
among users, leading them to believe that they are accessing the
claimant's services.

c) Damage: The claimant needs to establish that they have suffered or

are likely to suffer harm, such as loss of business opportunities or
damage to their reputation, as a result of the defendant's passing-off
activities.

If a passing-off claim in the ICT domain is successful, the court may grant
remedies such as injunctions to cease the passing-off activities, damages,
account of profits, and in some cases, the transfer or cancellation of the
infringing domain name.
Given the complexities involved in passing-off cases within the ICT sector,
it is advisable to consult with an experienced intellectual property lawyer
who specializes in ICT law to navigate the legal intricacies and protect
one's rights effectively.

ANSWER II
Computer software is patentable in Nigeria under certain conditions. In
Nigeria, computer software may be eligible for patent protection if it meets
the patentability requirements set out in the Patents and Designs Act,
which governs intellectual property rights in the country.

To be eligible for patent protection, computer software must meet the

general patentability criteria, which include:
1) Novelty: The software must be new and not publicly disclosed or
published anywhere in the world before the date of the patent
application.

2) Inventive Step: The software should involve an inventive step,

meaning it must not be obvious to someone with ordinary skill in the
field of software development.

3) Industrial Applicability: The software must have a practical

application in the field of technology and be capable of being used or
implemented in an industrial or commercial context.

There are laws that guides software patentability in Nigeria. The Nigerian
Patent and Designs Act, Chapter P2 Laws of the Federation of
Nigeria 2004, governs the patentability of computer software and other
inventions in Nigeria. This legislation provides the legal framework for the
registration and protection of patents in the country.

Section 1(1) of the Nigerian Patent and Designs Act defines an

invention as any new and useful art, process, machine, manufacture, or
composition of matter, or any new and useful improvement thereof. This
broad definition encompasses computer software inventions, as long as
they meet the requirements of novelty, inventive step, and industrial
applicability.

Section 2(1) of the Nigerian Patent and Designs Act further clarifies
that a patent may be granted for any invention that is new, involves an
inventive step, and is capable of industrial application. These criteria apply
to computer software as well.

The Patent and Designs Act, however, includes a specific exclusion in

Section 1(3) that states that mathematical or business methods,
computer programs, and algorithms as such are not considered inventions.
This means that purely abstract or mathematical algorithms or computer
programs without any technical character or specific technical application
are generally not eligible for patent protection.

It's important to note that the interpretation and application of patent law
can be subject to legal and judicial precedents, and it's advisable to consult
with a qualified intellectual property lawyer or patent attorney for specific
guidance and advice regarding the patentability of computer software
inventions in Nigeria based on the latest legal developments and case law.