Section 58 Civil Aviation Act 2022
Section 58 of the Civil Aviation Act 2022 is about Infringement of patent. It is under Part VIII (International Obligations) of the Act.
(1) Where it is alleged by any interested person that a foreign aircraft which is not an aircraft to which section 57 of this Act applies and which is making a passage through or over Nigeria, infringes in itself or part of any invention, design or model which is entitled to protection in Nigeria, it shall be lawful, subject to and in accordance with any order made by the Minister, to detain the aircraft until the owner of it deposits or secures in
respect of the alleged infringement a sum (in this section referred to as “the deposited sum”), and the aircraft shall not, during the continuance of the passage, be subject to any lien, arrest, detention or prohibition, whether by order of a court or otherwise, on account of the alleged infringement.
(2) The deposited sum shall be such sum as may be agreed between the parties interested or, in default of agreement, as may be fixed by the Minister, and the payment of the deposited sum shall be made or secured to the Minister in such manner as may be specified by orders made by the Minister.
(3) The deposited sum shall be dealt with by such tribunal and in accordance with such procedure as may be prescribed by orders made by the Minister, and the orders may provide generally for carrying the provisions of
subsections (1) and (2) into effect.
(4) For the purposes of subsection (1), the expression “owner” shall include the actual owner of an aircraft and any person claiming through or under him, and the expression “passage” shall include all reasonable landings and stoppages in the course of the passage.
