Avoid pitfalls when investing in Africa

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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 SHARED ros bottom lb

More from across our site

With the US privacy landscape more fragmented and active than ever and federal legislation stalled, lawyers at Sheppard Mullin explain how states are taking bold steps to define their own regimes
Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Varuni Paranavitane of Finnegan and IP counsel Lisa Ribes compare and contrast two recent AI copyright decisions from Germany and the UK
Exclusive in-house data uncovered by Managing IP reveals French firms underperform on providing value equivalent to billing costs and technology use
The new court has drastically changed the German legal market, and the Munich-based firm, with two recent partner hires, is among those responding
Consultation feedback on mediation and arbitration rules and hires for Marks & Clerk and Heuking were also among the major talking points
Nick Groombridge shares how an accidental turn into patent law informed his approach to building a practice based on flexibility and balancing client and practitioner needs
Gift this article