THE EXEGESIS OF DOMAIN NAME PROTECTION AND CYBERSQUATTING IN NIGERIAN JURISPRUDENCE

Abstract

This paper critically examines Nigeria’s legal framework for domain name protection and addresses cybersquatting, with a comparative analysis of international best practices, particularly those of the United States, Kenya, and global regulations like the Uniform Domain Name Dispute Resolution Policy (UDRP). The study also highlights the increasing importance of domain names in the digital economy and the rising threats posed by cybersquatting, a practice where individuals register domain names in bad faith to exploit the goodwill of established trademarks. In Nigeria, the regulatory environment is shaped by the Cybercrimes (Prohibition, Prevention, etc.) Act 2015 and the Trademarks Act, yet enforcement remains weak due to a lack of statutory authority for key regulatory bodies like the Nigerian Internet Registration Association (NIRA), low public awareness, and the absence of reported judicial precedents. An evaluation of the United States’ Anti-Cybersquatting Consumer Protection Act (ACPA) and UDRP, alongside Kenya’s progressive legal and dispute resolution frameworks, reveals the need for more comprehensive legislation, efficient enforcement mechanisms, and increased awareness in Nigeria. Furthermore, the paper identifies legal and institutional gaps, including subjectivity in dispute resolution, limited control over domain name extensions beyond .ng, and inadequate collaboration between agencies. The paper offers concrete recommendations such as enhancing NIRA’s legal authority, adopting a Nigerian equivalent of the UDRP, expanding domain space governance, and implementing culturally sensitive awareness programs. The study underscores that just as physical property requires protection, digital assets must equally be safeguarded through comprehensive, enforceable, and culturally responsive legal frameworks. By doing so, Nigeria can ensure a more secure and trustworthy digital environment that supports innovation, commerce, and intellectual property rights in the digital age.