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 2026

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

The move marks the latest step in Temu’s push to protect brands’ intellectual property by collaborating with industry groups and enforcement agencies. Managing IP learns about a rapidly scaling strategy and two success stories
A counterfeiting crackdown targeting fake FIFA World Cup merchandise and new partner hires by CMS, HGF and Winston Strawn were also among the top talking points
Law firms need to accept the hard truth: talent migration isn't personal; it's business as usual
Judge Alan Albright is to leave his role at the Western District of Texas, and could return to private practice
Stobbs has successfully seen off a contempt of court application filed against the firm and two of its lawyers
After almost a quarter of a century, Marshall Gerstein has a new managing partner
Abbott winning another round against Sinocare and Menarini, and 'long arm' clarification on the UK's position within the UPC, were also among major developments
Maria Peyman, head of IP at Birketts, explains why the firm is adopting a ‘seamless approach’ for clients by integrating two of its practice areas
Matthew Swinn, who leads the firm’s IP practice, discusses why Mallesons is well-placed to remain a major IP force
Lawyers at A&O Shearman analyse developments regarding UPC’s long-arm jurisdiction, including its scope and jurisdictional limits
Gift this article