There’s a lot of talk going around lately about Section 492 of the Nigerian Law. What is this law, and what does it mean for you?
In short, Section 492 is a law that deals with copyright infringement. It was created to protect the interests of creators, business owners, and other professions.
If you’re thinking of starting a business in Nigeria, or are already running one, it’s important to understand this law and what it means for you. In this article, we’ll break down Section 492 and explain its implications for business owners.
“Section 492 of the Nigerian Criminal Code Act”
Being in possession of plate for making infringing copies: giving unathorised performances of copyright work.
It simply means that anyone who intentionally creates or has in their possession a plate for the purpose of making unlawful copies of any work for which copyright is asserted, or who intentionally and for personal gain causes any such work to be performed in public without the owner’s consent, is guilty of a simple offence and subject to a fine of one hundred naira, or in the case of a second or subsequent offense, either to such fine or to two months’ imprisonment.
Section 492 of the Nigerian law is a very important provision in the criminal justice system of Nigeria. It regulates the offenses of copyright and false declaration. Copyright is stealing another idea, name, or intellectual property, while a false declaration is making a false statement not on oath.
For example, Mr. A has made a product for the purpose of washing, creating a unique logo, design, and scent. Mr. B, on seeing how successful Mr. A was successful with this, decided to copy Mr. A’s pattern and design so he could earn money. This is known as “Copyright Infringement” and it’s again the Nigerian law. As you can see, it’s what Section 492 of the Criminal Code of Nigeria implies.
These offenses are punishable by a term of imprisonment of up to 2 months or a fine of up to N100 or both. It is important to know about this law because it helps to protect the integrity of the Nigerian criminal justice system.
So what does this law actually mean for Nigerians and foreigners doing business in Nigeria? Let’s take a look at the key implications:
- The law creates a more level playing field for both Nigerian and foreign businesses.
- It protects Nigerian businesses from unfair competition from foreign companies.
- It encourages foreign investors to do business in Nigeria.
- It strengthens the Nigerian government’s ability to regulate business activities.
- It promotes transparency and accountability in the business sector.
- It encourages foreign investors to partner with Nigerian businesses.
- It imposes penalties for violators of the law.
- It provides a legal framework for the regulation of business activities in Nigeria.
So, what does this law actually say? In a nutshell, it prohibits businesses from copyright infringement. Stealing another person’s property, creativity, or ideas.
But there’s more to it than that. This law also requires businesses to make affirmative efforts to ensure they only work and provide services based on their own creative ideas and not those of another person. It promotes creativity to avoid unnecessary competition between business owners. That means that businesses can’t just sit back and wait for things to happen; they need to actively create their own ideas.
Violating this law can result in hefty fines, so it’s important for businesses operating in Nigeria to be aware of its provisions and make sure they’re in compliance.
So, what are the possible outcomes of this law? (We’ll list and explain seven of them for you.)
- The first outcome is that the accused person is discharged and set free.
- The second outcome is that the accused person is found guilty and is sentenced to imprisonment.
- The third outcome is that the accused person is fined.
- The fourth outcome is that the accused person is ordered to make restitution or compensate for the damage caused.
- The fifth outcome is that the accused person is ordered to perform community service.
Now that you know about Section 492 of the Nigerian Law, you may be wondering what businesses can do to prepare for it. Here are six tips:
- Review your contracts and make sure they are compliant with the new law.
- Make sure your employees are aware of the new law and what it means for them.
- Update your company’s policies and procedures to reflect the new law.
- Create a plan for how you will address allegations of intellectual theft or copyright infringement.
The challenges of this law are:
1) Its vagueness and overbreadth
2) The lack of a clear and convincing definition of what constitutes an “unlawful act”
3) The chilling effect it has on freedom of expression and media freedom.
4) The fact that it applies retroactively.
5) The possibility that it could lead to self-censorship.
6) The fact that it imposes criminal penalties for mere speech.
7) It is not restricted to acts that incite violence or hatred.
As an entrepreneur, it’s important for you to be aware of Section 492 Nigerian Law and what it entails. This law can have a major impact on your business, so it’s crucial that you understand it and take the necessary precautions to stay in compliance.
If you have any questions about Section 492 Nigerian Law or need help implementing the appropriate measures to comply with the law, don’t hesitate to reach out to a legal professional. By knowing and following this law, you can help protect your business and avoid fines that could cost you money.