Home » Nigeria » Section 25 Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015

Section 25 Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015

Section 25 Cybercrimes Act

Section 25 of the Nigerian Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015 is about Cybersquatting. It is under Part III (Offences and Penalties) of the Act.

(1) A Person who, Intentionally takes or makes use of a Name, Business Name, Trademark, domain name or other word or Phrase Registered, owned or in use by any Individual, Body Corporate or belonging to either the Federal, State or Local Government in Nigeria, on the Internet or any other Computer Network, without authority or right, and for the purpose of interfering with their use by the owner, registrant or legitimate prior user, commits an offence under this Act and is liable on conviction to imprisonment for a term of not more than 2 years or a fine of not more than N5,000,000.00 or both.

(2) In awarding any penalty against an Offender under this section, a Court shall have regard to—
(a) a refusal by the offender to relinquish, upon formal request by the rightful owner of the name, business name, trademark, domain name. or other word or phrase registered, owned or in use by any individual, corporate or belonging to either the Federal, State or Local Government in Nigeria : or

(b) an attempt by the offender to obtain compensation in any form for the release to the rightful owner for use the name, business name, trademark, domain name or other word or phrase registered, owned or in use by any individual, body corporate or belonging to either the Federal, State or Local Government of Nigeria.

(3) In addition to the Penalty specified under this section, the Court may make an order directing the offender to relinquish such Registered Name, Mark, Trademark; Domain Name, or other word or phrase to the rightful Owner.

See also  Section 63 Nigerian Copyright Act 2022

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