Foreign Jurisdiction Clauses in Nigeria: What You Need to Know

More and more foreign investors have been growing increasingly concerned over foreign jurisdiction clauses prevailing in Nigeria. As much as many have been interested in expanding their businesses and investments, they worry about how the Nigerian courts will decide as to whose jurisdiction will prevail over their business ventures. This is a notion that is truly understandable as there’s always a possibility that they will honor the agreement between parties or if they decide to enforce foreign jurisdiction in Nigeria. You need to hire any of the best Intellectual Property Lawyers in Nigeria for fast and efficient proceeding of the issues.

If for example one party is based in London and another is based in Nigeria, they will naturally have an international contract that dictates all the terms and clauses of their agreement. Now, should there be a dispute as a result of one party’s breach or perhaps differences in the course of business that will require proper mediation to come to a proper resolution that will be fair to all concerned?
In the same example where London is the foreign party and Nigeria is the local party, let’s assume that they have come to a dispute regarding concern over shipping of goods from London to Nigeria, where the provider from London was set to ship 5000 crates of tea to Nigeria.

One of the most essential points to note is if their bill of lading specifically mentions in its clauses that should there be a dispute arising from the bill of lading, the carrier’s country of origin and the law that governs over it should apply.

• As a dispute has been established as an essential breach of contract, the defendant’s party in Nigeria may seek action through the Federal High Court in the country to counter the foreign jurisdiction clause.
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  In this dispute between these two parties, the following will be taken into consideration by the Nigerian court to decide jurisdiction to apply a stay in favor of the Nigerian defendant:
  Is it within the 1-year limitation period stipulated in the Hague rule?
  Who holds the burden of proof?
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  Which country holds/situates the facts or evidence that is readily accessible? This includes the relative expense and convenience of trial.
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  Are the parties’ desire to hold foreign jurisdiction genuine and not because it holds advantages to their claim?
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  Will the plaintiff experience prejudice in either court because of the possibility of losing security over the claim, enforcement of the final, time-bar restrictions, and any other forms of discrimination that may or will result in an unjust trial.

Given the circumstances and other factors that the Court may consider relevant to the case, the Court may order it appropriate to disregard or null the parties’ agreement and choice of a foreign jurisdiction. In addition to that, Tejulaw is one of the leading law firms in Lagos that has some of the best Intellectual Properties Attorney in Nigeria to handle issues related to  Foreign jurisdiction clauses.

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Applying for Ship Registration in Nigeria Everything You Will Need

Each nation has the right to set their own requirements in permitting vessels to hoist their flags and enter themselves in the country’s registry. This right is guaranteed by the United Nations Convention on Laws of the Sea. Nigeria also enjoys the same right and therefore sets its own requirements regarding ship registration.

In Nigeria, people who wish to register ships need to be citizens, with corporate bodies subject to Nigerian laws and businesses in Nigerian soil. Those who are applying for ship registration should go to the Nigerian Maritime and Safety Agency. Intellectual Property Law Firms Nigeria make sure that whole process of Intellectual rights and law should be handled seamlessly if someone is facing some issue related to Intellectual Property Rights.

The agency will require numerous documents from you, the shipowner, in order to get your vessel registered. Here are the requirements the Nigerian government will need from you:

Application form
The particulars of your company, including
A copy of your certificate of Incorporation
CTC of your Form CAC7, CAC2, and Memorandum and Articles of Association
Declaration of ownership issued by the Ship Registry
Your company’s present tax clearance certificate
Your company’s reference letter or bank statement

In addition, the shipowner is also required to submit a survey and issuance of a certificate of tonnage measurement application in order to determine the vessel’s flag survey.
A Builder’s certificate as a title evidence or a bill of sale
A certificate of deletion, only if the vessel flags in from another country. This is necessary in order to avoid dual registration according to the UNCLOS.
A Minister approved tonnage measurement certificate and condition survey report
A pre-purchase survey report
Call sign certificate
Certificate of an approved plan. This is issued by NIMASA for new local vessels only.
Certificate of carving
Certificate of marking note of the ship
For conventional vessels, a vessel class certificate is necessary
Information about the vessel will be required, including the following:
Insurance and P & I coverage evidence
Load line certificate
Registration fee payments also needs to be made
The Master’s name
The place of purchase
The ship’s best particular, including its tonnage, description, and build
The ship’s name
The time of purchase

Furthermore, the shipowner’s information also needs to be provided. The list includes the following requirements:

A log book of the ship, which is to be inspected by the Ships Registrar.
Evidence of financial capacity to both operate and maintain a vessel in Nigeria
Evidence of the shipowner’s ability to both operate and maintain a vessel
For second-hand tonnage, a bill of sale will be required, including warranty against encumbrances and liens from sellers.
The owner’s address
The owner’s full name
The owner’s occupation

All of these documents are required by the Registrar in order to prove that the ship is seaworthy and has no prior issue attached to it. In addition, these documents are also required in order to ascertain that you are capable of maintaining your ship and that you are a responsible ship owner. If you are facing any query in ship registration, then go to Nigerian Maritime and Safety Agency or facing any  issue in intellectual rights or then you should consult Intellectual Properties Attorney Lagos as they have technical expertise and experience to handle the problem related to Intellectual rights and law.

These documents need to be submitted to the Registrar. Once everything has been submitted, the Registrar may then issue a Certificate of Registration in a form that is approved by the Agency.

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Patent Contingent Fee Litigation

Over the last decade, a significant turn of events began to emerge on patent contingent representation fees and litigation. A lot of patent litigators across the globe have transferred toward handling patent cases on a contingent fee basis.

Previously, patent litigation was merely solely billed by litigators on an hourly basis mainly because patent cases are typically expensive to handle and require a long period. Moreover, personal cases are not as expensive to handle, and the defendant is usually not disputed as seriously.

Video Source:  https://www.youtube.com/watch?v=Bb9EBtlGx7w

The market of patent contingent Nigeria patent attorney could be listed as follows:

• Nigeria Intellectual Properties Attorney and lawyers who are engaged at general practice law companies or intellectual property boutiques that conventionally have used per hour billing.
• Elite trial of Nigeria patent attorney, which includes former large scale firm trial lawyers and outstanding trial lawyers coming from various contingent practice areas like tobacco disputes.
• A number of teams which may include new and renowned patent law groups who work on the theory of contingency litigation fee.

• Smaller teams of lawyers who came to the market and implead infringement disputes in lieu of solo, non-practicing group of clients as opposed to more defendants, looking for a relatively lesser expenditure from each respondent.

Given these notions, what does the budding marketplace of patent contingent litigators look like? Reports say that this market is not transparent yet, definite workings of the market are not yet fully known to the academe nor are they even fully agreed by the lawyers who are petitioning the patent cases.

Forecasting how contingency patent litigation would go in the future can be very challenging. However, some experts predict that this particular market for in patent law and more Intellectual Property Lawyers Nigeria will turn to become more developed within the next couple of years.

As the legal markets emerge and develop over time, they mostly become more effectual and highly competitive. Presently, this particular market provides support to a diverse scheme of litigation strategies, Nigeria patent attorneys, and clients, but rampant competition may modify this.

Although there would always be certain corporate originators who will be unable to provide hourly payments on legal bills, and these are the typical patrons of a contingent practitioner. Moreover, more experienced patent lawyers with extensive experience are widely being drawn into the market. These legal professionals are penetrating the market because there are bigger projects on patent cases, both in terms of infringement and validity, accessible for contingent litigation.

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Seeking Professional help from Nigeria Intellectual Properties Attorney?

The internet has provided people the freedom to execute superficial to substantial research via search engines; however, depending on the user’s wit and grit. This creates the option for many to do their mini research and ease them before seeking professional help. However, for people burdened with matters dire as intellectual property issues, personal transactions are leaps and bounds better than mediated ones. With that said, what should be the qualities you should look for a patent lawyer?

Foremost, your lawyer just like Tejulaw should specialize on patents. Mismatch can lead to further issues, one of which is the possible miscellaneous expenses. Keep in mind that filing for a patent is expensive, hiring a lawyer would entail more costs, and, hiring an inappropriate one would cost you even more. Under the right circumstances, approaching the right people for legal services will greatly affect you.

If you are only up for filing a patent and wish to save more, you can go for a patent agent instead. They can do the same tasks for a much lower rate. However, they will not be able to represent you in court as do lawyers.

Apart from looking for a patent lawyer who has passed the bar, your lawyer must have passed the patent bar exam as well. Yes, you read that right; another bar exam dedicated solely to patenting. Additionally, a patent lawyer needs to gain expertise in another field which covers their understanding of their client’s intellectual property product more than in its legal aspect. That is, he or she must have technical knowledge on your specific intellectual property product.

If you are curious where a Intellectual Property Lawyers Nigeria with skills and efficiency is found, the answer is at AA Tejuoso & CO. The institution is made up of skilled professionals who uphold shared values as quality, integrity, and responsibility, and with experts specializing on IP Law. AA Tejuoso & CO provides legal services for IP Law covering trademark, patent, industrial design, and anti-counterfeiting.

Fully operational since its establishment in 1997, the firm is in its 20th year of service. Its legal service providers are tactically located across the Sub-Saharan Africa region. A Patent and Trademark Attorneys Nigeria from AA Tejuoso & CO is guaranteed to have extensive experience in IP who can provide personalized services in the most competitive prices. These highly skilled individuals, bundled together in AA Tejuoso & CO, create the best team for your legal service needs.

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This is How Patent Lawyers in Nigeria are made

For aspiring lawyers, apart from the struggles of being law students and finding the right firm to work for under their internship, another conundrum is deciding on their area of expertise. Law has a long list of areas of practice, and finding your niche is an essential part of becoming a renowned lawyer. If you have already decided on your area of concentration, and have opted for patent law, there are several ways in building your career.

Developing Wit and Grit

Apart from having quality education as a building block of your legal career, another helping mechanism for your career development is putting your skills into good use. For an aspiring trademark or patentlawyer Nigeria, you are sure to hone your skills, and exercise your knowledge in your respective practices under AA Tejuoso & CO. This prominent firm has been in the business since 1997, and is currently operating in strategic locations in the Sub-Saharan Africa Region. They specialize in IP Law; specifically, trademarks, patents, industrial designs, and anti-counterfeiting law. Working under a leading firm as AA Tejuoso & CO will help you develop your skills and career under quality management.

Learn from Senior Attorneys

As a trademarkattorney Nigeria in the making, work for and learn from distinguished senior attorneys. They will help you learn in your field of choice, as well as help you sort and adopt principles and values which you can exercise in your career. Moreover, senior attorneys, having been in the field for lengths of time, are sure to have connections and networks, and can help you gain the much needed exposure. In the 20 years of AA Tejuoso & CO, senior attorneys are armed with experience, knowledge, and networks.

Adopt Principles and Values

Apart from your educational background and work experiences, what will make your name ring in the field of patent law is by building your career under exemplary values and principles. Your utmost priority should be professionalism; partners and clients will remember you more for your good standing in the sea of professionals. Quality of service is another vital value; it works hand-in-hand with professionalism in building your career and legacy. Under AA Tejuoso & CO, brilliance is partnered with values as integrity, excellence, and teamwork. These are just a few of the values their legal service professionals share and uphold. Learn from the experience firsthand when you enter their pool of legal professionals.

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Tejulaw - Penalty of Using a non-commercial product for Commercial Purpose

In almost all the countries in the world, the use of non-commercial products for commercial use is illegal and sometimes people have to pay huge bucks for their mistakes. In the United States, the infringer pays somewhat $200 to $1,50,000 for the damage caused to the original licence holder.

Sometimes when your client make use of make use of the copyrighted materials for promoting or for-profit business, then it is commercial and if at all running for non-commercial use also, it comes under copyright or trademark infringement. If you are staying in Nigeria or the United Kingdom and want to hire a professional lawyer to fight for your original materials used by another person as a part of commercial use, you can go for Patent Lawyer Nigeria.

A.A. Tejuoso & Co. or Tejulaw is a boutique firm of legal practitioners specializing in Intellectual Property Law (i.e. protection of Patent, Design, Trademark, Copyrights and Domain Names) in Nigeria and Sub-Saharan African countries.. The firm also provides legal services in Corporate & Commercial Law, Energy & Natural Resources Law, Maritime Law and Real Property Law in Nigeria.

Here is the list of legal penalties for copyright infringement that the infringer pays are:

1. Statutory damages rom $200 to$ 150,000 for each work infringed.
2. The actual dollar amount of damages and profits.
3. Injunction to stop using the trademark.
4. Attorney fees and court costs.

A trademark attorney such as Trademark Attorney Nigeria can help you in many regards such as analyzing the trademark that is selected and diminishing the chances of being rejected and he would file trademark application, providing valuable tips and suggestions in regards to the matter of overcoming the hurdle of being penalised or to impose penalty on the infringer.

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Hiring an Intellectual Property Lawyer in Nigeria

It is standard for inventors in Nigeria to hire a certified patent specialist for their patent applications, which is why the services of Nigeria intellectual property attorneys are valuable. The specialist, however, must be familiar with technology and science.

Inventors use lawyers to prosecute and prepare their documents over concern about the proper protection of invention rights. The process of prosecution is complicated, and requires extensive research. Moreover, the patent application should be written in an arcane format and style.

Some of the tasks for the patent attorneys include:

• Determining an item’s patentability, including innovativeness, usefulness, being non-obvious, and novel;
• Documenting, creating, and filing the documents, including claims, descriptions, drawings, and any other forms;
• Filing the provisional or regular patent application;
• Doing patent research, especially the existence of possible patent infringements; and
• Paying the appropriate patent application fees, among other tasks.

Nigeria patent and trademark attorneys, to properly represent an inventor, should communicate with the inventor in the inventor’s technical language. Thus, a certification process is in place for patent agents and patent attorneys. However, patent agents may not represent parties under litigation or perform activities regarding law practice.

The DIY Application Process

When filing patents, the best idea is always to hire patent attorneys, although you can do the filing yourself. You can file your PPA (provisional patent application) and your regular patent application. The PPA, of the two applications, can be easily filed. The PPA, while informal in nature, should still describe properly how to create and utilize the invention.

Time. When you do the patent application yourself, you have to be prepared for hours of reading and research. Check for prior inventions. You also need time to create drawings and write. It can take hundreds of hours to facilitate one patent application.

Writing. You should also be a competent writer. While you have to write clearly, you must also utilize arcane terminology.

Project Management. You need project management skills as you should carefully manage a complicated project from beginning to end. Meanwhile, you should be able to meet deadlines. An example would be filing your application within one year of the invention’s initial public sale.

Drafting the PPA

The PPA is usually fewer than 10 pages, and it’s written in an informal manner. Technical or academic journal articles are usually enough as long as the document describes how to create and use the product. The PPA’s accompanying drawings may also be informal.

While costly, using the services of a patent attorney in Nigeria can provide protection and security. The cost also is outweighed by the advice and counsel given by an expert.

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