ARTICLE
9 July 2024

Stren & Blan Partners Quarterly IP Newsletter

Temporary Suspension of Online Certificate Issuance in Nigeria: An official notice dated 4th April, 2024 was issued by the Registrar of Trademarks, Federal Ministry of Industry...
Nigeria Intellectual Property

REGULATORY UPDATES

A. FEDERAL MINISTRY OF INDUSTRY, TRADE, AND INVESTMENT

i. Temporary Suspension of Online Certificate Issuance in Nigeria: An official notice dated 4th April, 2024 was issued by the Registrar of Trademarks, Federal Ministry of Industry, Trade and Investment (FMITI) in Nigeria regarding the temporary suspension of online certificate issuance. The reason for this suspension is because of the system migration and upgrade of the registry's online platform which led to duplicate registration trademarks numbers (RTN). Thus, the Certificate Unit has suspended the printing of online certificates until this issue is rectified.

ii. Upgrade of The Old and New Platforms at the Trade Mark Registry: The Trade Mark Registry's platform was upgraded and recordals of old applications from the old platform including renewals, change of name, change of address, change of trademark class or title, assignment, and registration of user can now be filed on the new platform. This new platform allows for all recordals however online trademark renewals are still halted.

iii. Changes in the Management at the Nigerian Patents and Designs Registry: Mrs. Stella Ezenduka, Chief Registrar of the Patents and Designs Registry, Department of the Federal Ministry of Industry, Trade and Investment in Nigeria, has retired from office effective 15th April, 2024. Following Madam Ezenduka's retirement, Ms. Jane Igwe has been appointed as the Acting Registrar of tDesigns Registry. Immediately after her appointment, Ms. Igwe organized and held a successful introductory discussion with agents on 17th April 2024 at the Registry. She also emphasized her commitment to the success of her office.

iv. Publication of Trade Mark Journals: The Registry announced the publication of two (2) journals, Vol. 1 No. 1 and Vol. 1 No. 2 2024. The journals were published on the 17th and 24th of June 2024, respectively. Interested persons are invited to file any opposition to the advertised trademarks, in the prescribed manner, within two months from the date of publication.

B. NATIONAL AGENCY FOR FOOD DRUG ADMINISTRATION AND CONTROL (NAFDAC)

i. Enforcement Actions to Ensure Compliance with Regulations: On 14th May, 2024, NAFDAC sealed two unregistered factories in Nasarawa state upon findings that their product was falsified and substandard.

In April this year, NAFDAC also arrested drug hawkers and seized drugs worth N50,000,000.00 (Fifty Million Naira) in Apapa, Lagos state.

NAFDAC conducted a three-day operation and uncovered the proliferation of fake and unwholesome production in Rivers State. This operation led to the closure of 10 bakeries and eight table water factories found to be producing fake and unwholesome products.

NAFDAC also sealed two unregistered water packaging factories in Ogun state producing water products with fake NAFDAC registration numbers.

ii. Introduction of Pre-Submission Meeting: The management of NAFDAC has noticed with dismay the high number of dossier applications that do not meet minimal requirements for submission of Common Technical Document (CTD) dossiers. As part of its continuous improvement efforts and strengthening of its regulatory systems, NAFDAC is introducing a 'pre-submission meeting' applicable only to local pharmaceutical manufacturers to enhance the quality of dossiers submitted by them. The goal is to create an opportunity for intending applicants to engage with the dossier review team to address pertinent queries and clarifications regarding the minimal requirements for CTD Dossier submission.

iii. Public Alerts: NAFDAC issued public alerts in April and May 2024 regarding: 

  • An official notice dated 4th April, 2024 was issued by the Registrar of Trademarks, Federal Ministry of Industry, Trade and Investment (FMITI) in Nigeria.
  • The sale of counterfeit TANDAK injection 1.5g powder and water for injection in circulation in Nigeria.
  • The ban on the sale of Dex Luxury Bar Soap (No 6 mystic flower) by the European Union (EU).
  • The recall of Caro White Ivorian Skin Lightening Beauty Lotion by the European Union (EU).
  • The falsification of a batch of Giga-S Injection.
  • Confirmed Falsified OHEAL Ampicillin and Cloxacillin Capsule.
  • Confirmed Falsified Lins Meropenem Injection used in Abuja.

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