Avoid pitfalls when investing in Africa
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Avoid pitfalls when investing in Africa

With investment in Africa growing, IP protection in the region is key. Two sessions this week will provide some guidance for rights owners, explains James Nurton.

Foreign direct investment into Africa rose by 4% to $57 billion in 2013, according to data published by UNCTAD last year. With that figure expected to rise in the coming years, IP owners will become increasingly focused on protection in the region.

“Foreign investment is very much connected with intellectual property because investors will not come into a region where their rights are not adequately protected,” says Uche Nwokocha of Aluko & Oyebode in Lagos, Nigeria, who is moderating today’s regional update on Africa.

The session will cover different parts of the continent, with speakers from South Africa, Nigeria and Kenya. Nwokocha told the INTA Daily News: “These represent the different regions of Africa—sub-Saharan, west Africa (including Nigeria and Ghana) and east Africa.”

The session will focus in particular on the issues that arise when there are different agencies involved in IP protection; for example, dealing with trademarks, company names and food and drug approval.

In Nigeria, the National Agency for Food and Drug Administration and Control (NAFDAC) works “hand-in-hand” with the trademark registry, as applicants for product approvals must show that they are a Nigerian-registered company and either the owner or assignee of the trademark they are intending to use, says Nwokocha.

Even though they are housed in different premises, she says, cross-reference between the two agencies takes place and trademark owners need to know what to expect: “NAFDAC will refer to the Trademark Registry to confirm that the acceptance was issued to the right person.”

Similar rules apply at the Companies Registry to ensure that applicants do not register a company name that infringes a registered trademark. “It’s not complicated,” says Nwokocha, “but you need to ensure you are not doing something that will go against the law of the land.”

She adds that getting your strategy in place ahead of investment is vital to ensure you know what to expect from the various agencies: “We will show you how they work hand-in-hand to ensure rights are adequately ­protected.”

RT20 Trademark Offices in Africa: The Importance of Working with Related Government Agencies takes place from 11:45 am to 1:00 pm today. It is followed by the Africa Reception from 1:15 pm to 2:15 pm. INTA will host a conference in Africa addressing many of these issues in 2016.

more from across site and ros bottom lb

More from across our site

High-earning businesses place most value on the depth of the external legal teams advising them, according to a survey of nearly 29,000 in-house counsel
Kilpatrick Townsend was recognised as Americas firm of the year, while patent powerhouse James Haley won a lifetime achievement award
Partners at Foley Hoag and Kilburn & Strode explore how US and UK courts have addressed questions of AI and inventorship
In-house lawyers have considerable influence over law firms’ actions, so they must use that power to push their external advisers to adopt sustainable practices
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Counsel say they’re advising clients to keep a close eye on confidentiality agreements after the FTC voted to ban non-competes
Data from Managing IP+’s Talent Tracker shows US firms making major swoops for IP teams, while South Korea has also been a buoyant market
The finalists for the 13th annual awards have been announced
Counsel reveal how a proposal to create separate briefings for discretionary denials at the USPTO could affect their PTAB strategies
The UK Supreme Court rejected the firm’s appeal against an earlier ruling because it did not raise an arguable point of law
Gift this article