Legislating Against Cybersquatting in Nigeria: Moving Beyond Penal Law Into Protective and Compensational Remedies

Abstract

“It appears almost to be the case that an incident of cybersquatting is an integral consequence of commercial success” – Ian J. Lloyd (2011)

Abstract

This paper analyses the menace of cybersquatting on the cyberian frontier in Nigeria with a look to offer real protection to owners of real trademarks and domain names. It examines the provisions of the United States Anticybersquatting Consumer Protection Act of 1999 and the practice adopted in the UK to protect real trademark owners. It examines Nigeria’s recent effort at legislating to combat cybercrime via the Cybercrime (Prohibition, Prevention Etc.) Act, 2015 especially the provisions of Section 25 dealing with cybersquatting and points out the various inadequacies of the legislation. It suggests the need to move beyond a criminal viewpoint and penal sanctions and allow for remedies in the laws of tort that secures private rights. It concludes by challenging law-making authorities in Nigeria to make laws that accord with global trends in the light of the inter-territoriality of cyberspace.

Keywords: Cybersquatting, domain names, Infringement, Internet,

DOI: 10.7176/JLPG/84-10

Publication date: April 30^th 2019