Intellectual Property Policy
Enterprise Compliance Framework | Federal Republic of Nigeria | Issued March 2026
Yandaz Nigeria Limited ("Yandaz," "the Platform," "we," "us," or "our") is committed to maintaining a marketplace that respects the Nigerian creative and industrial landscape. This Policy provides an exhaustive framework for the protection of Copyrights, Trademarks, Patents, and Designs. We strictly enforce the "Notice and Takedown" principles mandated by the Nigerian Copyright Commission (NCC) and international treaties. Use of yandaz.com.ng signifies your absolute consent to these enforcement standards.
1. Statutory Foundations of Protection
Yandaz operates in strict compliance with the Federal Laws of Nigeria, including but not limited to the Copyright Act, 2022 (the most comprehensive digital copyright law in Africa), the Trademarks Act (Cap T13 LFN 2004), and the Patents and Designs Act (Cap P2 LFN 2004). We also observe the regulatory guidelines set by the Nigerian Copyright Commission (NCC) and the Commercial Law Department of the Ministry of Industry, Trade and Investment. Yandaz maintains a zero-tolerance stance against the listing of pirated works (unauthorized software, books, movies) and counterfeit luxury or industrial goods.
2. Formal Notification of Infringement (Rights Holders)
If you believe that your proprietary rights have been compromised on the Yandaz platform, you must submit a **Verified Notice of Infringement**. Our legal desk will process claims that are written in English and contain the following essential elements:
📝 Copyright Enforcement (NCC Standards)
For the unauthorized distribution of creative works (Images, Text, Software, Multimedia):
- Ownership Profile: Documentation proving your status as the creator or authorized licensee (e.g., NCC registration or publication proof).
- Specific Infringement: Clear identification of the Yandaz Listing URL or Reference ID.
- Good Faith Statement: A declaration that the use of the material in the manner complained of is not authorized by the owner, agent, or the law.
- Nigerian Jurisdiction: Consent to the jurisdiction of the Federal High Court of Nigeria for any legal proceedings arising from the takedown.
🏷️ Trademark & Brand Integrity
For unauthorized brand use or the sale of counterfeit "Replica" products:
- Trademark Registration: A copy of the Registration Certificate issued by the Commercial Law Department of Nigeria.
- Distinction Claim: Evidence of how the listing uses your mark in a way that is likely to deceive or cause confusion among Nigerian consumers.
- Market Scope: Evidence that the mark is currently in use or registered within the Nigerian territory.
3. Advanced Remedies and Platform Enforcement
Once a valid and statutory-compliant notice is received, Yandaz Nigeria Limited will execute the following "Safe Harbor" protocols:
- Expedited Takedown: Immediate suspension of the infringing ad within 24-48 hours of verification.
- Seller Sanctions: Issuance of a "Strike" against the seller's account. Three strikes result in a permanent ban of the user's NIN-linked profile.
- Inventory Purge: Automated screening and deletion of related listings from the same seller utilizing identical infringing metadata or assets.
- Digital Evidence Preservation: Retention of the infringing content, IP logs, and seller verification data for 365 days to assist law enforcement (NCC/NPF).
- Financial Forfeiture: Immediate forfeiture of all paid advertising credits (Boosts/Top Ads) used for the infringing listing with no right to appeal.
4. Counter-Notice & "Put-Back" Procedure
In alignment with Section 55 of the Copyright Act 2022, Yandaz provides a robust Counter-Notice mechanism to prevent "Notice Abuse." If your content was removed, you have 10 business days to file a Counter-Notice containing:
- Identification: Clear description of the material that was removed and its previous location.
- Perjury Statement: A statement under penalty of perjury that you have a good faith belief the material was removed due to mistake or misidentification.
- Evidence of Rights: Relevant documentation such as purchase invoices, licensing agreements, or proof of original creation.
- Legal Consent: Acceptance of service of process from the person who provided the original notification of infringement.
If a valid Counter-Notice is received, Yandaz will notify the original complainant. If the complainant does not file a court action within 10-14 business days, Yandaz may restore the content at its discretion.
5. Fair Dealing & Exemptions
Yandaz recognizes the "Fair Dealing" provisions under the Second Schedule of the Copyright Act 2022. Content used for purposes of research, private use, criticism, review, or reporting of current events (with proper acknowledgment) may not be subject to takedown. However, the commercial nature of Yandaz listings generally limits the application of Fair Dealing for marketplace sellers.
6. Patent and Industrial Design Claims
Disputes involving complex Patents or Industrial Designs (e.g., manufacturing processes or specific product shapes) are handled with high sensitivity. Yandaz will act upon receipt of a Court Order from a Nigerian Federal High Court or an official directive from the Registrar of Patents and Designs. We encourage parties to utilize the Alternative Dispute Resolution (ADR) mechanisms available in Nigeria before escalating to platform-wide takedowns.
7. Liability and False Claims
LEGAL WARNING: Per the Copyright Act 2022, any person who knowingly and materially misrepresents that a product or activity is infringing may be liable for damages. Yandaz Nigeria Limited reserves the right to seek full indemnification (including legal costs) from any party that submits malicious or fraudulent takedown requests that lead to loss of revenue or reputational damage.
