- Marketing and Distributing Foods and Drugs in Nigeria
- Trademarks News
- INTA/ACC Conference and Anti – Counterfiting Collaboration
- Aluko & Oyebode News
- Chiamaka Nwokolo and Segun Aluko (Associates, Aluko & Oyebode)
In the mind of a brand owner is the continuing worry of how best to monitor the distribution channel to get the products to consumers without contamination or variation of the standards to which the products have overtime been known for. This is despite efforts by National Agency for Food, Drugs, Administration and Control (NAFDAC) through its stringent requirements. The brand owner must however comply with the Rules and Regulations of NAFDAC in registering its products. The agency’s Regulations basically seeks to protect the rights of the brand owners against counterfeiting and piracy and to preserve public health of Nigerians against counterfeited and unwholesome products. As a leading law firm which has given advice to clients for the protection of their brands, trademarks and business interests in Nigeria, the firm of Aluko & Oyebode continues to provide advice to clients interested in product registration with NAFDAC.
Generally, a foreign manufacturer shall apply to the NAFDAC for the registration of a product through a Nigerian company by issuing a Power of Attorney to the latter who will then apply to register the products on its behalf. For a product manufactured locally, the manufacturer may apply directly to NAFDAC for registration of its products. The applicant may be a duly registered company or an individual. The applicant will purchase forms, complete same and submit at the NAFDAC offices. Upon submission to NAFDAC, the agency shall conduct an independent investigation to ascertain that the company is, at the date of application, on the records of the Corporate Affairs Commission (CAC). CAC is the agency of Nigerian government which maintains records of companies duly registered under the Companies and Allied Matters Act, the law governing the registration, operation and regulation of companies in Nigeria.
Once the report of investigation is positive and the Applicant meets NAFDAC’s requirements, registration can be concluded with six months. NAFDAC will then issue a Notice of Registration of Products with a NAFDAC Registration No. This will enable the applicant to proceed with importation and sale of products pending the issuance of the Certificate of Product Registration/ Licence by NAFDAC.
Activities at the Trademark, Patents and Designs Registry experienced a fillip in recent times, although applications to conduct searches continue to suffer some delays as a result of non-computerisation. As earlier reported, the Registry recently relocated to a new and bigger facility from its old office.
The Registry is now exploring the possibility of computerizing its operations. In an advertisement published in Thisday Newspaper, Vol. 15, No. 5524 of Monday, June 7, 2010, at page 53, the Trade Marks Registry has called for bids from interested persons and organizations that could provide computerized database for its operations, internet search, filings and other activities of the registry in order to ease its operations.
Presently, the Registry is making efforts towards the publication of the next edition of the Trade Mark Journal as required by the Nigerian Trade Marks Act.
The Anti – Counterfeiting Collaboration (ACC), Nigeria intensified its fight against piracy and counterfeiting of brands in Nigeria through the increase in its members’ participation at the INTA/ACC Conference held in Boston, Massachusetts last month. This Conference is an annual event which records the largest participation of brand owners, IP practitioners and stakeholders towards the protection of trademarks and brands all over the world.
Part of the ACC, Nigeria’s project for year 2010 is to convene the INTA/ACC Roundtable which is scheduled to hold in October. The first one was held in October, 2009.
THE FIRM OF ALUKO & OYEBODE LIFTS TROPHY
The Bankole Olumide Aluko (BOA) Memorial Football Competition ended in grand style on Sunday, 2 May 2010. The Aluko & Oyebode team made history in the 8th Edition of the Football Tournament by clinching victory at the finals. The team slugged it out with the firm of Sofunde, Osakwe, Ogundipe & Belgore. The match ended 3 – 1 in favour of the Aluko & Oyebode Team.
THE FIRM OF ALUKO & OYEBODE NAMED LAW FIRM OF THE YEAR
The firm of Aluko & Oyebode was recently named the Law Firm of the Year (Nigeria) for the year 2010 by Who’s Who Legal.