In our digitally driven world, where the internet is a cornerstone of commerce, communication, and information dissemination, cybersquatting has emerged as a serious threat. The Cybercrimes (Prohibition, Prevention, etc.) Act of 2015 in Nigeria addresses this menace, specifically in Section 25, which defines and penalises cybersquatting. Cybersquatting is the bad-faith acquisition and use of domain names similar or identical to existing trademarks, aiming to profit from, mislead, destroy reputations, or prevent rightful ownership.
Current Landscape of Cybersquatting in Nigeria
Cybersquatting has grown alongside the rise of internet usage in Nigeria, affecting businesses and individuals alike. Victims face financial losses, reputational damage, and legal battles as cybersquatters exploit domain names for malicious purposes.
Legal Framework for Combating Cybersquatting in Nigeria
The Cybercrimes Act
The Cybercrimes Act criminalises cybersquatting. Victims can report suspicious activities to law enforcement, leading to prosecution. Convicted individuals face up to two years in prison and/or a fine of up to N5,000,000 (five million Naira).
Uniform Domain Name Dispute Resolution Policy (UDRP)
The Uniform Domain Name Dispute Resolution Policy (UDRP), developed by ICANN and WIPO, provides a mechanism for resolving domain name disputes. To succeed, a complainant must prove:
- The domain name is identical or confusingly similar to their trademark.
- The registrant has no legitimate rights to the domain name.
- The domain name was registered and is used in bad faith. .
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