OVERVIEW OF THE ANTI-COUNTERFEITING COLLABORATION (‘ACC’), NIGERIA Uche Nwokocha Aluko & Oyebode, Lagos 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 is a non-political, non-governmental, nonprofit making coalition ACC is a member of the Global AntiCounterfeiting Group (‘GACG’) MEMBERS / ATTENDEES 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 ACC MEMBERS Aluko & Oyebode Benchmac & Ince Coca-Cola Nigeria Ltd Drum-Cussac Nig. Ltd GlaxoSmithKline Pharmaceutical Nigeria Limited Jackson, Etti & Edu KFC - Devyani International (Nigeria) Limited Musical Copyright Society of Nigeria Ltd/Gte Nigerchin Electrial Development Company Limited Nokia Nigeria, West Africa Limited Nollywood Business Frontiers/ FIPO O. Kayode & Co. Sproxil Standards Organisation of Nigeria ACC ATTENDEES ABFR & Co. ACC Associates; Accent Office Solutions Limited Adobe Aelex Allan & Ogunkeye Associated Attorneys British America Tobacco (Nigeria) Plc CFAO Nigeria Plc/ NIPEN ACC ATTENDEES cont. Far-East Mercantile Frankcom Ltd. George Ikoli & Okagbue Guiness Nigeria PLC Hewlett Packard IFPI & MPA IP Dynamic Consult Manufacturers Association of Nigeria Microsoft ACC ATTENDEES cont. Multichoice Nigeria Ltd National Agency for Food and Drug Administration and Control (NAFDAC) Nigerian Copyright Commission Nigerian Security Printing and Minting Company Nipen Pan African Federation of Filmmakers (FEPACI) PMAN/FAME Corp/Jazz Club of Nigeria Procter & Gamble Stillwaters Law Firm ACC ATTENDEES cont. Templars Toyota Nigeria Ltd UAC Franchising Uche Nwokedi & Co. Unilever Nigeria Plc WAPCO Plc etc OBJECTIVES OF THE ACC Create Awareness Disseminate knowledge and information about counterfeiting, infringement & piracy Facilitate introduction of effective measures Encourage brand owners to enter into joint initiatives WAYS & MEANS OF ACTION 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 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) WAYS & MEANS OF ACTION Cont. 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. NIGERIA SUCCESS STORIES 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) Standards Organisation of Nigeria (SON) – SONCAP initiatives Consumer Protection Council (CPC) Nigeria Trademark Registry, Ministry of Commerce DIFFICULTIES IN NIGERIA 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 Denied revenue through non payment of tax could buy infrastructure Danger to consumer as a result of fake drugs Loss of revenue/profit could lead to job loss CONCLUSION Join the move today and declare: I don’t fake!