Nigeria The Secret Ingredient of MINT?

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Alice Allen
5 years ago
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1 Nigeria The Secret Ingredient of MINT?

2 Introduction - BRIC(s), Jim O Neill s prodigy makes way for the new flavour of the decade - MINT Mexico, Indonesia, Nigeria, Turkey - MINT has prevailed over other acronyms such as: MIST (Mexico, India, South Korea, Turkey) PINE (Philippines, Indonesia, Nigeria, Ethiopia) CIVETS (Columbia, Indonesia, Vietnam, Egypt, Turkey, South Africa) MIKT (Mexico, Indonesia, South Korea, Turkey) as the IN group of promising emerging markets.

3 Common Attributes of MINT members The positives: - large populations good demographics creative enterprise good geographic positioning for trade The negatives: - political difficulties crime and corruption Disproportionate distribution of wealth (Nigeria: 61 % - 64 % of the population live below the breadline)

Nigeria Attractive MINT factors Geographic location West Africa Large country 923 768 km² (2 X size California) Bordered in South by Gulf of Guinea (NB for sea ports) Capital Abuja where TMO located

4 Nigeria Attractive MINT factors Geographic location West Africa Large country km² (2 X size California) Bordered in South by Gulf of Guinea (NB for sea ports) Capital Abuja where TMO located Lagos Commercial capital Official language English Population Approximately 173,6 million people 250 ethnic groups Most densely populated country in Africa Young population (44 % 0 14 years, 53 % years)

6 Exports Oil and petroleum (3 % of global production) Cocoa Rubber Economy Africa s largest economy GDP of between 6 % - 8 % (since 2008 and projected for next 5 years) Earmarked to become a top 20 global economy by 2020 A number of economic reforms (finance, power, education) A vibrant domestic economy with a growing middle class Resurgence of manufacture and export industries

The Pharmaceutical Industry in Nigeria High dependence on imports (pharmaceutical products + active pharmaceutical ingredients) Local manufacturers struggle to compete Stringent WHO pre-qualification

7 The Pharmaceutical Industry in Nigeria High dependence on imports (pharmaceutical products + active pharmaceutical ingredients) Local manufacturers struggle to compete Stringent WHO pre-qualification requirements Unable to meet domestic demand (large population) Challenges Majority of population very poor Lack of access to proper medical care Tendency to self-medicate Lack of control over sale of drugs (eg. Antibiotics sold without prescription) Counterfeiting

8 Source:

Registration of pharmaceutical products and names in Nigeria Registration is key: For use (NAFDAC, TMA) For enforcement (NAFDAC, TMA, SON) NAFDAC (National Agency for Food and Drug Administration and

9 Registration of pharmaceutical products and names in Nigeria Registration is key: For use (NAFDAC, TMA) For enforcement (NAFDAC, TMA, SON) NAFDAC (National Agency for Food and Drug Administration and Control) Controls and regulates manufacture, quality and sale of pharmaceuticals in Nigeria (local and international companies) Pharmaceutical products must be registered with NAFDAC Trade mark application (accepted) /registration a prerequisite for NAFDAC Zero tolerance to counterfeiting Anti-counterfeiting measures and technology in place Public enlightenment campaigns New directorates collaborate with other government agencies (NCS, SON + NCC) Director-General Dr Paul Orhii hailed for achievements within NAFDAC and in the fight against counterfeiting

10 Registration of pharmaceutical products and names in Nigeria continued TRADE MARKS ACT (TMA) Accepted trade mark application / registration required NAFDAC application Registration arguably a defence to infringement Registration provides opportunity to sue for infringement under TMA and Merchandise Marks Act (MMA) Ability to oppose a conflicting trade mark application Registration assists in lodging complaints with CAC (Corporate Affairs Commission) company name objections NIRA (Nigeria Internet Registration Association) domain name disputes

11 IP Enforcement Options CIVIL PROCEEDINGS Trade Marks and Copyright Acts and Common Law Remedies Anton Pillar orders Interim and final injunctions Destruction orders CRIMINAL PROCEEDINGS Merchandise Marks Act, Trade Malpractices (Miscellaneous Offences) Act and Counterfeit Fake Drugs and Unwholesome Processed Food (Miscellaneous Provisions) Act Complaint lodged with the Police Warrant obtained from court for seizure and destruction of goods Offenders prosecuted Not within the complainant s control

IP Enforcement Options continued REGULATORY

Customs Service) Seizure and detention of

process, but MOU Court order required for

of Nigeria) Goods are sub-standard quality

12 IP Enforcement Options continued REGULATORY / ADMINISTRATIVE ACTION NCS (Nigerian Customs Service) Seizure and detention of counterfeit goods No customs registration process, but MOU Court order required for civil actions SON (Standards Organisation of Nigeria) Goods are sub-standard quality CAC (Corporate Affairs Commission) Company name objections

IP Enforcement Options continued CPC (Consumer

Copyright Commission) Copyright objections NIRA

name objections EFCC (Economic and Financial Crimes

13 IP Enforcement Options continued CPC (Consumer Protection Council) Consumer complaints NCC (Nigerian Copyright Commission) Copyright objections NIRA (Nigeria Internet Registration Association) Domain name objections EFCC (Economic and Financial Crimes Commission) Prevention of financial crimes such as IP theft + piracy

14 Enforcement requirements Collaboration with local enforcement agencies Hands on approach by pharmaceutical companies Careful choice of local distributors Control of distribution processes Control of distribution channels Pro-active action when irregularities unearthed Zero tolerance of infringements Enforcement rewards Curbs + reduces counterfeiting Proper access to safe and appropriate medication (the humanitarian factor) Pharmaceutical brands + reputation remain intact Investment opportunities for those who invest

17 Samantha Copeling Adams & Adams 2015

18 Thank you Samantha Copeling Adams & Adams 2015

Who is following the BRICs?

Who is following the BRICs? By Dr Henry Loewendahl Managing Director WAVTEQ Ltd and Senior Advisor fdi Intelligence, Financial Times Ltd Abridged version of article published in fdi Magazine (April 2012).