Showing posts with label NAFDAC. Show all posts
Showing posts with label NAFDAC. Show all posts

Tuesday, 14 February 2017

Afro Leo

Uncorked: Bogus booze on the rise and what’s being done…



The Relief Market in Nigeria, central Africa, is a hive of activity as vendors cook, clean and arrange their produce which ranges form dried fish to fresh herbs. Shoppers can also purchase their favourite tipple, but beware- the brandy in these stalls may not be the real thing. 

The National Agency for Food and Drug Administration and Control in Nigeria, NAFDAC, arrested nine suspects connected with alleged fake wine and beverage at the Relief Market in Onitsha, Nigeria last week.

The News Agency of Nigeria reported that the arrest of five males and four females, followed a “special raid and enforcement operation of the Federal Government’s ban on imported fruit juices”.

NAFDAC’s head of investigation, Kingsley Ejiofor, explained that those arrested in the Nigeria operation were involved in the bottling of counterfeit and dangerous drinks.

We came here for a special assignment to mop up all counterfeit and prohibited products which include imported fruit juices, food, drugs, medical devices, cosmetics, detergent and bottled water,” said Ejiofor.

He said they uncovered the illegal manufacture of dangerous chemicals being bottled with popular brand names.

According to Ejiofor said that popular brands of beverages like Hennessey, 501, Johnny Walker, Red Label whisky, Best Marula fruit cream, Pure heaven, Amarula, Baron De Vals, Eva and J&W, among others were being faked.

But the incidence of fake spirits and especially, fake wine, is global and becoming an increasing problem. Italy have become particularly adept at uncovering wine scams created to defraud both merchants and consumers.

In February 2016, Reuters reported that the gendarmerie confiscated 9200 bottles of Prosecco and a machine used to make the wrappers. The bust of mock bubbly was worth 350 000 euros on the street. Sham champagne has also received its fair share of publicity, resulting in strict IP laws governing the use of the term “champagne”.

Kate Jonker, general manager at the Cape Wine Makers Guild told Afro-IP that they now insist on holograms on the labels of all wine they handle.

For about two years now, we have been using holograms to identify the auction wines. The farmers also only print enough labels for their bottles in order to keep it tight and strict,” she says.

As an agent that sells and markets on behalf of their 47 members, the Guild represents wine-makers that have been producing out-standing wine for at least 5 years and each year new members are considered for membership.

Two years ago the wine world was shocked at the arrest of respected connoiseur, Rudy Kurniawan who was sentenced to 10 years in prison after being exposed for millions of dollars worth of wine fraud.

He created the impressive collection using empty bottles and refilling them with a similar product and re-corking. Over 500 bottles of his “fake” wine were destroyed after he was imprisoned.

Bloomberg reported recently that new ways of bottling wine are being used to combat potential fraud, which often involves replicating labels or using old bottles.

These innovative techniques, allow each bottle a unique fingerprint that can be scanned for verification. The “bubble tag” is a sticker that is placed over the cork and the glass with a random bubble design. Many also emboss the base of their bottles with the wine farm name to further authenticate the contents.

The DrinksBusiness.com reported in November 2014 that French newspaper Sud Ouest estimated that 20% of global wine sales were fake wines- predominantly linked to the Bordeaux and Burgundy regions in France.

If the specialists and connoiseurs can’t tell the difference between an authentic and a fake wine- how is the man on the street supposed to know?” says Jonker. She suggests only buying wine from authorized dealers or trusted suppliers, or straight from the wine farm itself.

Jonker also warns that investors should be aware of how wine has been stored before they buy it.

A site dedicated to the elimination of international wine counterfeiting, www.winefraud.com, holds courses for interested parties who want to learn more about counteracting the problem. They focus on labels, printing, corks, bottling glass and even the glue used to affix labels.

Ejiofor warned the public after the Nigerian arrest to “destroy cups, plastics or bottles after use because not doing so encourages these illegal producers. Retailers and consumers should also issue and collect receipts for every product purchased to enable tracking,” he said.

Afro Leo suggests that wine producers should also combat the problem using traditional IP techniques. An advanced trade mark and (where possible, copyright) filing program should be undertaken. This may include the labels and shapes of the bottles, as well as the word marks including those in the services classes. Regional protection for geographical indicators should be considered too and filings should be made at customs to enable swift enforcement. These programs should include export, defensive and source markets for products. There have been stories of fake vineyards in China, for example.
It's a significant problem for Africa whose wine regions rank amongst the best in the world.
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Saturday, 14 June 2014

IPcommentator

Dr. Dora Akunyili, former NAFDAC Leader, passes on

We are saddened to learn of the death of Dr. Dora Akunyili, the renowned former Director General of the National Agency for Food and Drugs Administration and Control (NAFDAC) in Nigeria. It is widely reported that she died on 7 June 2014, aged 59, after an illness. 

Dr. Akunyili was known for her tireless and selfless effort in protecting the health of the Nigerian people from dangerous counterfeit products - despite the challenging environment. In her time in office as NAFDAC's DG, she was highly revered, nationally and internationally, and received numerous accolades for her work. Indeed, her legacy, which will live on, was clearly demonstrated to this Leo during an informal chat with James Nurton, at the 2014 Managing IP's Patent Forum. It is incredible that she is still remembered as 'NAFDAC', even after leaving office! 

Our sincere condolences to her family and loved ones at this very sad time. 

May her soul rest in peace.

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Some of Dr. Akunyili's coverage in the area of IP
50 Most Influential People in IP by Managing Intellectual Property here (2006)
WIPO's Overview here (2007 - mentioned on page 25) 
Christophe Geiger, Criminal Enforcement of Intellectual Property (2012 - cited on page 137)
Previous Afro-IP's coverage here and here
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Tuesday, 24 April 2012

Jeremy

NAFDAC, trade marks and trade reps in Nigeria: some guidance

Under current regulations of the National Agency for Food and Drug Administration and Control (NAFDAC), product owners who want to export into Nigeria without being physically present can do so through a representative. Typically, the representative will be a local individual or organisation already trading in regulated food or drug products locally, as NAFDAC requires representatives to possess the facilities to effect a recall of products when necessary. NAFDAC will require additional documents to be presented by the representative prior to registration, including a Power of Attorney from the manufacturer and a certificate of trade mark registration from the Nigerian Trade Marks Registry. The seemingly innocuous trademark registration requirement has proven to be a thorny issue for many manufacturers who eventually decide to establish a greater physical presence in Nigeria.

A straightforward trade mark application will usually take between 12 and 24 months to complete in Nigeria. NAFDAC accommodates this difficulty by accepting the Notice of Acceptance issued by the Trade Marks Registry, usually issued (upon acceptance of an application) 3 to 5 weeks after the trade mark application is filed. There are usually no later complications if the manufacturer has already filed a trade mark application or already holds a registration for its trade mark in Nigeria.

It occurs frequently, however, that the representative undertakes the trade mark application, many times in its own name rather than the manufacturer’s. This is of little import to many manufacturers at the beginning of the manufacturer-representative relationship, as they may indeed have initially been approached by the representative or are tentatively testing the Nigerian market.

However, many such new products are received very well by the market, convincing manufacturers that it would be even more profitable to establish a local plant or a subsidiary to handle local distribution on a larger scale. Many representatives, feeling that they were instrumental to growing the product in the Nigerian market, feel aggrieved at being “jettisoned” by manufacturers and hold on to the business for as long as they can. One of the tactics they employ is to refuse to assign the trademark to the manufacturer, technically making any product subsequently imported by the manufacturer a counterfeit or a parallel import. It is clear therefore that it is essential to plan for the success of a product in the market at the very beginning of the manufacturer-representative relationship. The following solutions should be considered:
1. The term (length) of the distribution agreement between the parties should be as short as is commercially expedient. It is best for the manufacturer not to enter into an agreement that is too lengthy, to ensure that effective control is retained and a decision to personally operate in the market can be executed without excessive delays.  
2. While it is understandable that a manufacturer may not want to incur fees associated with trade mark registration in an unproven market, it is best that the manufacturer registers its trade mark in any country in which it intends to distribute its goods. Otherwise, the distribution agreement with the representative should compel the representative to register the trade mark in the manufacturer’s name or compel the representative to assign the trade mark to the manufacturer upon demand.

Source: "Trademark Issues in Food and Drug Registration and Distribution in Nigeria", Trenchard Partners Newsletter, 23 April 2012
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Monday, 31 October 2011

Anonymous

Nigeria: PINS ON PILLS!

Africa is one of the largest markets for mobile technology in the World, it has been said that more people have started using phones in Africa since the year 2000 than in the prior century. Nigeria is one of the largest Countries in West Africa and the telecoms market is hugely successful. The rise in mobile technology (whether real or fake) has taken off beyond the expectations of all. Nigeria is commonly known to be the largest African market for the sale of mobile phones, ahead of South Africa and Zimbabwe along with all other African jurisdictions.

Today’s installment however is not about the correlation between IP rights and mobile communication, it is about something else entirely which I’ll come to in a second.

Nigeria has a large and escalating problem with the sale of counterfeit drugs. These products are often much cheaper than the originals but also often of a much lesser standard, this particular issue can have wide reaching health repercussions. One can categorize the different types of ‘fake’ drug which can be found in the market into 4 groups. First is the total inauthentic, whereby you buy an aspirin and end up swallowing chalk, then you have the mimic, whereby the counterfeiter has attempted to copy the chemical formulation of the original and (usually) failed, you also have the sale of expired products and lastly where they again mimic the chemical formulation but use a much weaker (read- cheaper) dose. Any of these four are extremely dangerous to the consuming public, and I won’t waste all our time be telling you why. Basically take them and you’ll probably die.

So now we come to the great reveal (and I’m not kidding, I really think it’s’ great) GSK has teamed with a company called SPROXIL alongside NAFDAC to see if it is possible to combine the issue of consumption of fake drugs and the booming mobile phone industry in Nigeria. The result is a technology known as- SMS consumer product verification.GSK products will now contain a scratch off pin on the packaging. Upon purchase of the pills, the pin number should be sent via text to the number provided which is the NAFDAC health desk. Please reserve all comment about how the NAFDAC registration number can be faked because this pin IS NOT the NAFDAC registration number. It is a special formulation of numbers thought up by SPROXIL. After the text has been sent, within ten seconds you will get a reply saying either- Genuine NAFDAC product with the serial and NAFDAC registration number provided, or you will receive a text saying- FAKE, DON’T USE and instructions on what to do next. It is also possible that the text will say- this pin has been used before or pin not recognized.

In this author’s opinion, this could go a long way into curbing the issue of consumption of fake and also sub-standard goods on the market place in Nigeria. There are plans to expand into food stuffs and electrical items as well and it is my belief that it is a much needed initiative that Nigeria desperately needs. So what does everyone else think? All comments after the jump please…
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Friday, 23 September 2011

Darren Olivier

Anti-Counterfeit Friday


but, are those fake?
During the Rugby World Cup fans based in South Africa are encouraged to wear their teams rugby jerseys. It's known as Rugby Friday and it is a massive boost to the counterfeit goods industry. At almost every traffic light fake rugby jerseys are sold with a smile and most customers are simply unaware that they are supporting the biggest IP problem in Africa. So, Afro-IP has decided to launch an Anti-Counterfeit Friday campaign with news and views on counterfeiting in Africa. Enjoy ... oh, and beware those Springboks - yesterday's performance didn't look fake to me.

Nigeria: "Nokia last week revealed that consistent media campaign and other related activities in the Nigerian mobile market has significantly checkmated the spread of counterfeit mobile phones dropping the market share from 15 percent in July 2010 to 6 percent by July 2011." Vanguard [interestingly, the report does not mention any enforcement successes highlighting the effectiveness of alternative options]

Director General of the National Agency for Food and Drug Administration and Control Dr. Paul Orhii, has said that "the agency has adopted sustained media campaign, training and retraining of its officials, reviewing NAFDAC laws, grassroots sensitisation, improved collaboration with national institutions, as well as establishing closer working ties with international drug and food regulatory agencies [in a bid to stop counterfeit medicines in Nigeria]." (AllAfrica report)

"Eaton and other manufacturers have been successful in conducting searches and seizures of counterfeit electrical products in China, the Middle East and Africa. These programs have identified hundreds of thousands of breakers and electrical components that have been seized and destroyed." EON "Counterfeiting has become a growing problem worldwide for more than a decade and has increased by 10,000 percent over the past 20 years." Eaton anti-counterfeit portal.

and, loved this one:

"Ecopark facilities in Torrevieja (Spain) last week welcomed the destruction of counterfeit items seized by police this summer from unauthorised street vendors." A vast number of vendors come from sub-saharan Africa, according to the report. Not all counterfeit dvds were destroyed though "During the past years, growers of La Mata Vines have been hanging counterfeit CD’s on poles and when the grape are ripe, so that, with the reflection of the sun, they scare away the birds from their crops" see full report here.

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Friday, 30 May 2008

Jeremy

MV Maersk Izmir cargo seized by NAFDAC

"NAFDAC Foils Attempt to Flood Market With Fake Drugs", writes Chioma Obinna, giving an account of some recent successes of Nigeria's National Agency for Food and Drug Administration and Control (NAFDAC). The Agency, led by Dora Akunyili, has been locked in combat with "some of the West African nation's most wealthiest businessmen", leading in December 2003 to an attempt on her life.

The report describes the impounding earlier this month of a 20-foot container full of fake pharmaceutical products imported on a the MV Maersk Izmir. Fake products detained in the seizure included Septrin paediatric suspension, Glucophage, Augmentin, Ampiclox and injectable Oxytocin pregnant women during labour, Aldomet blood pressure treatment and Encephabol liquid used in the treatment of mentally retarded children.
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