Section 53 Copyright Act
Section 53 Copyright Act 2022 is about Restriction on importation. It is under Part VI (Anti-Piracy and other Measures) of the Act.
(1) The owner of copyright in a work may give notice in writing to the Director-General, requesting the Commission to notify the Nigerian Customs Service, during the period specified in the notice, to treat as prohibited goods any work in respect of which the right has been infringed.
(2) The Director-General shall, upon receipt of a notice under subsection (1) or upon reasonable suspicion that an infringing copyright work is being imported, notify the Comptroller-General of Customs or any other officer in charge of the relevant border, furnishing him with information that may be relevant for the purpose of identifying and intercepting the infringing work which is the subject matter of the notice or suspicion.
(3) On receipt of the notice from the Director-General under this section, the Comptroller-General of Customs or such other officer, shall intercept and impound the infringing works and shall permit the Director-General or any person acting on his behalf to inspect the impounded works and take custody
of same pending the commencement of any proceedings in accordance with the provisions of this Act, provided that the inspection shall not be invalidated by the absence of the importer.
(4) Any work or material impounded under this section shall not be kept for a period exceeding 10 working days, which may be extended by another 10 working days, within which the right owner or the Commission shall decide whether to initiate any proceedings in accordance with the
provisions of this Act.
(5) Where an infringing work is intercepted or impounded under this section, the Comptroller-General or any other officer in charge of the relevant border shall notify the importer and the right holder or their authorised representatives, stating the reasons for the action taken.
(6) The period specified in the notice under subsection (1) shall not exceed five years nor extend beyond the end of the period for which the copyright subsists.
(7) Where a notice has been given under subsection (1), the importation into Nigeria or exportation from Nigeria during the period specified in the notice, except for private and domestic use, of any works to which the notice relates shall be prohibited.
(8) The Director-General or any person acting on his behalf may enter any vehicle, aircraft, ship, vessel, dock, or premises to examine the works which is the subject of the notice under subsection (1) and take further action in accordance with the provisions of this Act.
(9) Any person giving notice under subsection (1) shall be required to undertake to any person, agency or official likely to suffer any damage or loss that may result from any action taken in respect of the notice, where it is found that the notice ought not to have been given.
(10) Without prejudice to subsections (1) and (2), the ComptrollerGeneral of Customs, or any other officer in charge of a border may, in respect of any imported goods, which he reasonably believes to be infringing copyright, suspend the release of such goods and promptly notify the importer and the
right owner of the work.
(11) This section shall apply to works made within or outside Nigeria, which if made or manufactured in Nigeria, would be an infringement under this Act.
(12) The Commission may prescribe the forms, fees and any other requirements for giving notice under this section.
