Nigeria punishes cybersquatting with jail time.
If you’re found guilty of domain cybersquatting in Nigeria, prepare to do some jail time.
Prior to the enactment of the Cybercrimes Act of 2015, cybersquatting could only be addressed within the law of trademarks or the tort of passing off, which often proved inadequate.
The recent enactment of the Act, brought into existence a legal framework, governing various aspects of online activities, including criminalizing the act of cybersquatting.
According to a Nigerian law firm:
“By virtue of Section 25(1) of the Act, the act of cybersquatting is punishable on conviction to imprisonment for a term of not more than 2 years or a fine of not more than N5,000,000 or to both fine and imprisonment.
In addition, Section 25 (3) of the Act empowers the Federal High Court to make an order directing the offender to relinquish such registered name, mark, trademark, domain name, or other word or phrase to the rightful owner. “
The Act also defines cybersquatting to include the acquisition of a domain name which consists of the personal name of a person.
It appears that Nigerian law on cybersquatting is quite draconian. Should Rick Schwartz re-examine his chances with regards to the DomainKing.ng case?
