REDIRECTING NIGERIA’S IP ENFORCEMENT POLICY TO CURB COUNTERFEIT FOOD DISTRIBUTION __ Fowowe Adetomiwa

Introduction

Intellectual property (IP) – a unique and intangible ingenuity of the human intellect – has begot a corresponding necessity for adequate enforcement policies against infringements or counterfeits (fake versions).

This is particular to Nigeria because, a research revealed that, “Nigeria has increasingly become a target destination and transit route for counterfeit products” .

Accordingly, there is the dire need for strict IP enforcement policies in Nigeria. Overview of Nigeria’s IP Enforcement Regarding Counterfeit Food Distribution Essentially, there are four main [categories] of IP common in Nigeria – trademarks, copyrights, patents and industrial designs.

However, in the enforcement of the works of these IPs, there has been laxness in the enforcement of original food products. For example, in March, 2021, Kano state recorded N613 million counterfeit products including food.

Food counterfeit has become a social and economic problem for the nation, producers, and consumers due to the importance of food to [life].

Thus, this essay seeks to discuss the redirection of the enforcement of IP to curb counterfeit food distribution in Nigeria. Similarly, it is imperative to posit that the distribution of counterfeit food manifests as an infringement of trademark.

Trademark is defined as:

[A] mark used in relation to goods for the purpose of indicating a connection between the goods, and some person having the right to use the mark…

Consequently, trademark is infringed if any person not authorized or the owner, uses a mark identical with a registered trademark that can mislead or cause confusion in the market place. Nigeria’s IP Enforcement on Counterfeit Food Distribution:

The Redirection Mechanisms

In the thrust of this discourse, the mechanisms in curbing counterfeit food distribution will be categorized into two:

Judicial Mechanism

Earlier submitted that counterfeit food are infringements of trademark, the Court has a role to play in enforcing this trademark when the owner approaches the Federal High Court to seek redress which include:

Damages – pecuniary compensation; Injunctions – Court pronouncement to halt the food distribution; Anton piller order – Court verdict authorizing the applicant to enter the premises of a suspected infringer and seize any infringing food product.

Additionally, justice should not be delayed on the part of the Court. It is equally important to state that lawmakers must see to the passage of a bill in tackling the distribution of counterfeit food.

Administrative Mechanism

The Nigerian government has established some agencies specifically to fight the menace of counterfeit food which include: National Agency for Food and Drug Administration and Control (NAFDAC), Standards Organisation of Nigeria (SON), Consumer Protection Council (CPC), etc.

Asides saddled duties, these agencies must massively sensitize the public on the implications of participating in counterfeit food distribution, as well as creating an avenue to report same. Further, the Nigerian Customs should ensure counterfeit food products are not brought into the country, whilst making offender deterrents to others.

Conclusion

Irrefutably, following the importance of food to life and the immense danger of counterfeit food to human beings, IP enforcement policies should be sufficiently channeled to curb counterfeit food.