E-COMMERCE AND FASHION LAW IN NIGERIA: REGULATORY CHALLENGES AND CONSUMER PROTECTION

CONTRIBUTOR: Umeh Oby

Introduction

Nigeria’s fashion industry is experiencing rapid growth, propelled by increased internet usage and a burgeoning middle class. This expansion allows Nigerian fashion firms to leverage customer data for product innovation, targeted marketing, and enhanced shopping experiences. As a global enterprise, the industry is closely tied to consumer preferences and societal norms, continually evolving and embracing change. It functions both as a commercial venture and a cultural phenomenon, reflecting the desires for novelty and self-expression.^[1]

In Nigeria, fashion laws encompass diverse legal frameworks governing intellectual property rights, consumer protection, and commercial transactions. These laws apply to apparel, footwear, and accessories,covering areas such as copyright, trademarks, service marks, utility patents, design patents, counterfeits, trade secrets, licensing agreements, advertising, and publicity.

This article examines the legal framework for the protection of fashion creativity, the Impact of E-commerce and Social Media on Intellectual Property Rights in the Fashion Industry, and then legal recourse for copyright theft.

Overview of Fashion Laws in Nigeria

Fashion laws in Nigeria encompass a range of legal frameworks that regulate various aspects of the fashion industry, aimed at protecting intellectual property rights, ensuring consumer safety, and promoting ethical practices. Here’s an overview of key aspects of fashion laws in Nigeria:

1. Intellectual Property Rights (IPR):
   1. Copyright: The Nigerian Copyright Act protects original works of authorship, including fashion designs. Fashion designers can register their designs to prevent unauthorized copying or reproduction. The Copyright Act provides that the commission may establish and maintain a register of works^[2]. Any person may apply for the registration of their work that is eligible for copyright under this Act^[3]. This registration was enacted to protect the designs and intellectual property of Nigerian artists.
   2. Trademarks: Trademark registration protects brand names, logos, and symbols associated with fashion brands, preventing others from using similar marks in the marketplace. The first schedule of the trademark application is the registration of a person’s trademark. The act also provides for the establishment of the register of trade mark where all registered trade mark will be entered to keep records.^[4]
   3. Design Patents: While not as commonly used as copyrights and trademarks, design patents may be sought to protect unique ornamental designs or features of fashion products. The need to register one idea or invention cannot be overemphasised, as the Design Patents Act provides that the right to patent is vested in the statutory investor. That is to say, the person who registered the patent is the statutory owner, whether or not he is the true investor.^[5]
2. Advertising and Marketing Regulations:

Fashion brands must comply with advertising standards set by the Advertising Regulatory Council of Nigeria Act (APCON). These standards promote truthful and non-deceptive advertising practices. Influencer marketing is also regulated, requiring transparency in sponsored content and endorsements to protect consumers from misleading promotions.^[6]

1. Federal Competition and Consumer Protection Act:

The Nigerian Consumer Protection Act oversees consumer rights protection in Nigeria, including in the fashion industry. The act is aimed at promoting competition within the Nigerian economy while preventing any practices that could lead to the abuse of market dominance or monopolies, all for the benefit of consumers^[7]. Regulations ensure that fashion products meet quality standards and are safe for consumers, addressing issues such as product labelling, safety standards, and fair-trading practices. Consumers have the right to seek redress for faulty products, misleading advertisements, or fraudulent practices by fashion businesses.

1. Commercial Transactions and Contract Law

Contract law governs agreements between fashion designers, manufacturers, distributors, and retailers. Clear contracts are essential to define rights, obligations, and dispute resolution mechanisms^[8]. Commercial transactions within the fashion supply chain must adhere to legal standards to prevent disputes over issues like payment terms, delivery schedules, and product quality.

The Impact of E-Commerce and Social Media on Intellectual Property Rights in the Fashion Industry

Over the past 5-10 years, the advent of the Internet has revolutionised product marketing and distribution. The emergence of social media has created new avenues for advertising and distribution, significantly influencing the rapid rise and fall of numerous brands. Social media platforms have also facilitated collaborations between fashion brands and celebrities as well as influencers, leveraging larger public audiences for mutual benefit. These developments have introduced new legal complexities that have shaped the evolution of ‘fashion law’ into a specialised practice area.

Fashion brands are now more proactive than ever in safeguarding their intellectual property rights, with this trend being particularly noticeable in Europe and North America compared to Sub-Saharan Africa, including Nigeria, where efforts to improve are still underway. Design patents and trademarks are increasingly employed to protect the unique visual elements or distinctive features of a product. For instance, a design patent might cover decorative details such as an elaborate bow on a shoe or a unique colour scheme associated with a specific brand.^[9]

The focus on these forms of intellectual property protection has intensified due to the limitations of other avenues, such as utility patents and copyrights, in preventing infringement. A pivotal case that underscores this evolution is Star Athletica, LLC v Varsity Brands, Inc.^[10], a landmark decision in 2017 by the United States Supreme Court. This case centred on whether certain creative elements of cheerleading uniforms, such as chevron stripes, could be protected under US copyright law. The Supreme Court clarified that certain two-dimensional or three-dimensional creative elements of garments could indeed be protected, but left the determination of protectability and creativity of specific uniform designs to lower courts^[11].

This decision offers hope to designers seeking to use copyright law to defend the creative aspects of their garments, although its practical impact on the US fashion industry remains to be fully realised. Additionally, fashion designers can protect their sketches and drawings through copyright, while patent laws may offer further protection for innovative designs. In jurisdictions like the European Union and the United States, legislative efforts have been made to enhance protection for fashion designs through various bills and legal provisions.

The highly publicised case involving Christian Louboutin v. Yves Saint Laurent (YSL)^[12] underscores the significance of intellectual property rights in fashion law. The dispute revolved around Louboutin’s claim of ownership over red lacquered soles used in their footwear, with YSL introducing a monochrome footwear collection that included red-soled shoes. The US Court of Appeals for the Second Circuit ruled in favour of Louboutin, affirming the trademark protection of their red soles, while permitting YSL to continue selling shoes where the entire shoe is red.

These cases and developments highlight the evolving landscape of fashion law, where intellectual property rights play an important role in protecting creativity and brand identity in a rapidly changing global marketplace.

Challenges in Enforcing Fashion Laws in Nigeria

1. Intellectual Property Rights: Copyright infringement is rampant, with many designers facing the theft of their designs, undermining creativity and profitability. In most cases, fashion designers are not aware of the existence of these laws. ^[13]
2. Lack of Comprehensive Legislation: The absence of comprehensive legislation addressing fashion and dress codes in Nigeria poses a significant obstacle to effective enforcement. Without clear and specific laws, authorities may struggle to define what constitutes appropriate attire, leading to inconsistency in enforcement and difficulty in addressing evolving fashion trends. This gap also complicates efforts to regulate the industry and protect consumer rights, reflecting a need for robust legal frameworks tailored to Nigeria’s diverse cultural and societal contexts^[14].
3. Informal Economy: Much of Nigeria’s fashion industry operates in the informal sector, with many designers, tailors, and small businesses not registered or regulated. This makes it difficult to enforce any standards or regulations uniformly across the industry.
4. Enforcement Infrastructure: Even if laws and regulations exist, enforcement infrastructure may be inadequate. This includes insufficient personnel, resources, and training for law enforcement officials to enforce fashion laws effectively.^[15]

Solutions And Recommendations

In addressing the enforcement gaps in the fashion industry, here are some solutions to strengthen fashion law in Nigeria:

1. Legal Reform:

Prioritising legal reforms will allow for the explicit protection of fashion design under intellectual property laws, as well as the establishment of more precise definitions and criteria for what constitutes infringement. Tougher punishments for infringers are essential to prevent intellectual property theft and safeguard the artistic creations of designers. The objective of these reforms is to furnish fashion designers with strong legal structures that protect their creations and foster creativity in the sector. Clearer legal definitions will facilitate court proceedings and support enforcement actions against products that are counterfeit or violate intellectual property rights. In the end, these revisions aim to protect intellectual property rights and promote innovation in the fashion industry by creating a just and encouraging environment.

1. Public Awareness and Education:

Launch awareness campaigns targeting fashion designers, manufacturers, and consumers about the importance of intellectual property rights. Collaborate with educational institutions to integrate intellectual property law courses into fashion design and business curricula.

1. Collaboration with Industry Stakeholders:

Foster partnerships between government agencies, industry associations, and fashion businesses to develop best practices for intellectual property management and enforcement.

Encourage self-regulation within the fashion industry through codes of conduct or ethical guidelines that promote respect for intellectual property rights.

Conclusion

Navigating the complexities of e-commerce and fashion law in Nigeria underscores the need for robust regulatory frameworks that balance innovation with consumer protection. As Nigeria’s fashion industry integrates more deeply into digital platforms and global markets, addressing challenges such as intellectual property rights enforcement, regulatory gaps, and the informal economy becomes crucial. By enhancing legal clarity, strengthening enforcement capabilities, and promoting industry compliance, Nigeria can foster a fair and secure environment that supports sustainable growth and safeguards the interests of both businesses and consumers in the dynamic landscape of fashion e-commerce.

REFERENCE

1. Shopify What Is Ecommerce? The Complete Guide To Online Selling. Available athttps://www.shopify.com/ng/blog/what-is-ecommerce# accessed 20^th July 2025 ↑
2. Section 87(1) of the COPYRIGHT ACT 2022 ↑
3. Section 87(2) of the COPYRIGHT ACT ↑
4. Section 2(1) of the TRADEMARK ACT ↑
5. Section 2 (1) of the PATENT AND DESIGN ACT ↑
6. Section 2 of the APCON ACT ↑
7. Federal Competition and Consumer Commission, our mandate. Available at https://fccpc.gov.ng/about-us/our-mandate/ accessed 21^st July 2025 ↑
8. Allen and Overy, Basic Principles of English Contract Law. Available at https://www.a4id.org/wp-content/uploads/2016/10/A4ID-english-contract-law-at-a-glance.pdf accessed 21st July 2025 ↑
9. Annie Oti Preface: Fashion Law Comparative Guide. Available at https://www.globallegalpost.com/lawoverborders/fashion-law-1929833902/nigeria-1861983851 accessed 21st July 2025 ↑
10. 137 S. Ct. 1002 (2017). ↑
11. Ibid ↑
12. 11-3303 (2d Cir. 2013) ↑
13. Nicholas Idoko, Challenges Facing Nigerian Fashion Designers Today. Available at https://disciplines.ng/challenges-facing-fashion-designers/ accessed 21^st July 2025 ↑
14. Ibid ↑
15. Sunday Afiko The Legal Aspect Of Fashion And Design Industry In Nigeria. Available at https://www.linkedin.com/pulse/legal-aspect-fashion-design-industry-nigeria-afiko accessed 21^st July 2025 ↑