Second Schedule
Transitional and saving provisions
1. The person who, immediately before the commencement of this Act, was Registrar of Patents under the
former patents law shall on the commencement of this Act become Registrar of Patents and Designs for the
purposes of this Act.
2. Where a patent has been registered in Nigeria under the former patent law and the privileges and rights
conferred by the registration were effective immediately before the commencement of this Act, then(a) subject to the following sub-paragraphs, the patent shall be treated in Nigeria as if it had been granted
under this Act;
(b) The patent shall expire as regards Nigeria when those privileges and rights would have expired if this
Act had not been made;
(c) The certificate of registration shall be admissible as prima facie evidence of the date and fact of
registration; and
(d) An action for infringement shall lie under this Act only if the alleged infringement occurred on or
after the commencement of this Act, and in any other case may be instituted and disposed of as if
this Act had not been made.
3. So far as is necessary for the purposes of paragraph 2 of this Schedule, the register of patents under the former
patent law shall be maintained as nearly as may be, and shall be regarded and dealt with, as if it were part of the
Register under this Act.
4. Where immediately before the commencement of this Act any person enjoyed any privileges or rights in
respect of a design by virtue of the United Kingdom Designs (Protection) Act(a) that person shall continue to enjoy those privileges and rights for twelve months after the
commencement of this Act or, if he applies within those twelve months for registration of the design
under this Act, until the application is disposed of;
(b) at the end of the said twelve months or on the disposal of the said application, as the case may be,
those privileges and rights shall cease to exist; and
(c) So long as that person continues to enjoy those privileges and rights, no other person shall have any
right to registration of the design under this Act.
5. Any authorisation given under the Patent Rights (Limitation) Act 1968 shall, if it was still effective
immediately before the commencement of this Act, be deemed to have been given under Part II of Schedule 1
and shall continue in force accordingly.
6. The Patents (Fees) Regulations 1961 shall, as far as may be(a) apply in relation to patents under this Act as they applied in relation to patents under the former
patent law; and
(b) Apply in relation to designs under this Act as they apply in relation to patents under this Act, and
may be amended or revoked by rules made under section 30 of this Act
7. Within twelve months after the commencement of this Act the Minister may by order in the Federal Gazette
make any further transitional saving provisions (not inconsistent with this Schedule) which appear to him to be
necessary or desirable.
8. In this Schedule, "the former patents law" means the Registration of United Kingdom Patents Act.