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OVERVIEW OF THE ANTI-COUNTERFEITING COLLABORATION (‘ACC’), NIGERIA Uche Nwokocha Uche Nwokocha Aluko & Oyebode, Lagos.

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Presentation on theme: "OVERVIEW OF THE ANTI-COUNTERFEITING COLLABORATION (‘ACC’), NIGERIA Uche Nwokocha Uche Nwokocha Aluko & Oyebode, Lagos."— Presentation transcript:

1 OVERVIEW OF THE ANTI-COUNTERFEITING COLLABORATION (‘ACC’), NIGERIA Uche Nwokocha Uche Nwokocha Aluko & Oyebode, Lagos

2 INTRODUCTION ACC formed during October 2006 as an initiative by Aluko & Oyebode to bring brand owners, enforcement agencies and interested parties together to help fight rampant counterfeiting, infringement and piracy in Nigeria ACC formed during October 2006 as an initiative by Aluko & Oyebode to bring brand owners, enforcement agencies and interested parties together to help fight rampant counterfeiting, infringement and piracy in Nigeria ACC is a non-political, non-governmental, non- profit making coalition ACC is a non-political, non-governmental, non- profit making coalition ACC is a member of the Global Anti- Counterfeiting Group (‘GACG’) ACC is a member of the Global Anti- Counterfeiting Group (‘GACG’)

3 MEMBERS / ATTENDEES Membership open to all interested parties, including brand owners, government agencies, law enforcement agencies and IP attorneys in Nigeria Membership open to all interested parties, including brand owners, government agencies, law enforcement agencies and IP attorneys in Nigeria Persons involved in counterfeiting activities, infringement or piracy in any form or manner whatsoever will not be allowed to join the ACC Persons involved in counterfeiting activities, infringement or piracy in any form or manner whatsoever will not be allowed to join the ACC

4 ACC MEMBERS Aluko & Oyebode Aluko & Oyebode Benchmac & Ince Benchmac & Ince Coca-Cola Nigeria Ltd Coca-Cola Nigeria Ltd Drum-Cussac Nig. Ltd Drum-Cussac Nig. Ltd GlaxoSmithKline Pharmaceutical Nigeria Limited GlaxoSmithKline Pharmaceutical Nigeria Limited Jackson, Etti & Edu Jackson, Etti & Edu KFC - Devyani International (Nigeria) Limited KFC - Devyani International (Nigeria) Limited Musical Copyright Society of Nigeria Ltd/Gte Musical Copyright Society of Nigeria Ltd/Gte Nigerchin Electrial Development Company Limited Nigerchin Electrial Development Company Limited Nokia Nigeria, West Africa Limited Nokia Nigeria, West Africa Limited Nollywood Business Frontiers/ FIPO Nollywood Business Frontiers/ FIPO O. Kayode & Co. O. Kayode & Co. Sproxil Sproxil Standards Organisation of Nigeria Standards Organisation of Nigeria

5 ACC ATTENDEES ABFR & Co. ABFR & Co. ACC Associates; ACC Associates; Accent Office Solutions Limited Accent Office Solutions Limited Adobe Adobe Aelex Aelex Allan & Ogunkeye Allan & Ogunkeye Associated Attorneys Associated Attorneys British America Tobacco (Nigeria) Plc British America Tobacco (Nigeria) Plc CFAO Nigeria Plc/ NIPEN CFAO Nigeria Plc/ NIPEN

6 ACC ATTENDEES cont. Far-East Mercantile Far-East Mercantile Frankcom Ltd. Frankcom Ltd. George Ikoli & Okagbue George Ikoli & Okagbue Guiness Nigeria PLC Guiness Nigeria PLC Hewlett Packard Hewlett Packard IFPI & MPA IFPI & MPA IP Dynamic Consult IP Dynamic Consult Manufacturers Association of Nigeria Manufacturers Association of Nigeria Microsoft Microsoft

7 ACC ATTENDEES cont. Multichoice Nigeria Ltd Multichoice Nigeria Ltd National Agency for Food and Drug Administration and Control (NAFDAC) National Agency for Food and Drug Administration and Control (NAFDAC) Nigerian Copyright Commission Nigerian Copyright Commission Nigerian Security Printing and Minting Company Nigerian Security Printing and Minting Company Nipen Nipen Pan African Federation of Filmmakers (FEPACI) Pan African Federation of Filmmakers (FEPACI) PMAN/FAME Corp/Jazz Club of Nigeria PMAN/FAME Corp/Jazz Club of Nigeria Procter & Gamble Procter & Gamble Stillwaters Law Firm Stillwaters Law Firm

8 ACC ATTENDEES cont. Templars Templars Toyota Nigeria Ltd Toyota Nigeria Ltd UAC Franchising UAC Franchising Uche Nwokedi & Co. Uche Nwokedi & Co. Unilever Nigeria Plc Unilever Nigeria Plc WAPCO Plc etc WAPCO Plc etc

9 OBJECTIVES OF THE ACC Create Awareness Create Awareness Disseminate knowledge and information about counterfeiting, infringement & piracy Disseminate knowledge and information about counterfeiting, infringement & piracy Facilitate introduction of effective measures Facilitate introduction of effective measures Encourage brand owners to enter into joint initiatives Encourage brand owners to enter into joint initiatives

10 WAYS & MEANS OF ACTION Organising meetings, seminars, conferences and courses to foster cooperation and exchange of knowledge, information and international best practices Organising meetings, seminars, conferences and courses to foster cooperation and exchange of knowledge, information and international best practices Co-operation with other national groups with similar aims Co-operation with other national groups with similar aims Regular interaction with Government agencies involved with anti-counterfeiting Regular interaction with Government agencies involved with anti-counterfeiting Liaising with INTA especially in the area of International Treaties affecting IPRs - ACTA (Anti-Counterfeiting Trade Agreement) Liaising with INTA especially in the area of International Treaties affecting IPRs - ACTA (Anti-Counterfeiting Trade Agreement)

11 WAYS & MEANS OF ACTION Cont. ACTA focuses on 3 main areas: ACTA focuses on 3 main areas: 1. International Cooperation including capacity building; 2. Enforcement practices including public private advisory groups, expertise within Law enforcement to ensure effective handling of IPR cases; and 3. Legal framework including criminal enforcement and border measures.

12 NIGERIA SUCCESS STORIES National Agency for Food and Drug Administration and Control (NAFDAC) National Agency for Food and Drug Administration and Control (NAFDAC)  (There is presently a Draft Bill before the National Assembly which seeks among other things to make the offence of Drug counterfeiting non-bailable, to impose Life Jail term on convicted fake drug offenders & introduce compensatory system whereby assets of convicted counterfeit drug offenders are sold and proceeds used to compensate victims of fake drugs.  NAFDAC has also introduced modern technology to keep ahead of the counterfeiters e.g. Truscan technology, the Mobile Authentication Service (MAS), text messaging technology and also the Radio Frequency Identification (REID) system for verification of regulated products and documents) Nigerian Copyright Commission (NCC) Nigerian Copyright Commission (NCC) Standards Organisation of Nigeria (SON) – SONCAP initiatives Standards Organisation of Nigeria (SON) – SONCAP initiatives Consumer Protection Council (CPC) Consumer Protection Council (CPC) Nigeria Trademark Registry, Ministry of Commerce Nigeria Trademark Registry, Ministry of Commerce

13 DIFFICULTIES IN NIGERIA Importation of counterfeit goods from Asian countries. Nigeria is a ‘dumping ground’ and a gateway into the rest of Africa Importation of counterfeit goods from Asian countries. Nigeria is a ‘dumping ground’ and a gateway into the rest of Africa Phenomenon of parallel market that exists in Nigeria where fake goods and original goods are sold side-by-side by the same vendors Phenomenon of parallel market that exists in Nigeria where fake goods and original goods are sold side-by-side by the same vendors Denied revenue through non payment of tax could buy infrastructure Denied revenue through non payment of tax could buy infrastructure Danger to consumer as a result of fake drugs Danger to consumer as a result of fake drugs Loss of revenue/profit could lead to job los s Loss of revenue/profit could lead to job los s

14 CONCLUSION Join the move today and declare: Join the move today and declare: I don’t fake! I don’t fake!


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