Research Articles in Private and Property Law
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Browsing Research Articles in Private and Property Law by Author "Jemilohun, Bernard O."
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Item Legislating Against Cybersquatting in Nigeria: Moving Beyond Penal Law into Protective and Compensational Remedies(www.iiste.org, 2019) Jemilohun, Bernard O.This paper analyses the menace of cybersquatting on the cyberian frontier in Nigeria with a look to offer real protection to owners of real trademarks and domain names. It examines the provisions of the United States Anticybersquatting Consumer Protection Act of 1999 and the practice adopted in the UK to protect real trademark owners. It examines Nigeria's recent effort at legislating to combat cybercrime via the Cybercrime (Prohibition, Prevention Etc.) Act, 2015 especially the provisions of Section 25 dealing with cybersquatting and points out the various inadequacies of the legislation. It suggests the need to move beyond a criminal viewpoint and penal sanctions and allow for remedies in the laws of tort that secures private rights. It concludes by challenging lawmaking authorities in Nigeria to make laws that accord with global trends in the light of the inter-territoriality of cyberspace.Item Legislating For Cyberspace: Challenges for the Nigerian Legislature(www.iiste.org, 2015) Jemilohun, Bernard O.; Akomolede, Timothy I.The need to make proper legislations governing interactions in the world of technology is a contemporary issue and several nations across the globe have made serious efforts at legislating for cyberspace. Nigeria as an emerging international market and a continental leader is capable of profiting in cyberspace but has not made serious attempts at legislating for interactions therein, thus the possibility of abuse of the infrastructure is largely open. This article argues that the Nigerian legislature should make adequate legislations to govern interactions in cyberspace and attempts to point out the challenges that the legislature should advert its mind to in the course of doing same. It also attempts to draw lessons from some other jurisdictions. In discussing the challenges, this article considered issues like personal jurisdiction in cyberspace, the default state of anonymity, the constitutional guarantee of freedom of speech, the threat of cybercrime and the need to strike a balance between data protection and freedom of information. The article concludes that though legislating for cyberspace may not be easy, laws must be made to govern it since online interactions have impacts in the real world.Item Liability of Internet Service Providers Under Nigerian Law(Brill Nijhoff, 2019-12-10) Jemilohun, Bernard O.This paper examines the role of Internet Service Providers as bridges and intermediaries between private persons, organisations and even government arms and the internet and the liabilities placed on them by the law with regard to wrongful acts of their subscribers or clients under the laws of Nigeria. It is common knowledge that actions against ISPs are commonest with defamation and infringement of copyright. The legal framework in the US and the UK are examined to determine if there are lessons to learn for Nigeria. The Nigerian legal framework also places some responsibilities on ISPs with regard to crime prevention and prosecution. This is because private rights are not yet much of an issue in the Nigerian cyberspace. The paper points out that much of the regulation governing ISPs liability in respect of civil matters do not have legislative power but are mere guidelines and suggests that the US and UK patterns have a lot to offer Nigeria.Item Regulations or Legislation for Data Protection in Nigeria? A Call for a Clear Legislative Framework(Global Journal of Politics and Law Research, 2015-08) Jemilohun, Bernard O.; Akomolede, Timothy I.Personal information or personally identifiable data is a subject that people have become aware of the need to protect. And the challenge of legislating for data protection in today’s world is that which many nations have taken seriously. Nigeria as a developing nation appears not to be left out of this as the NITDA has released a set of guidelines in this regard as a means to offer some protection. This article examines legislations on the Nigerian landscape that resemble data protection legislation like the Official Secrets Act, the Freedom of Information Act and the most recent NITDA Draft Guidelines for data protection with a view to show the adequacy or otherwise. The guidelines were examined in some detail. The paper summarily compares the present landscape with the European Union standard and concludes that Nigeria does not have adequate data protection legislation. The paper concludes that strong legislation is desirable to protect personal data in Nigeria.