IN D E X

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LCCI BUSINESS YEAR BOOK 2012
PATENT AND DESIGNS PATENT
Patent represents an aspect of intellectual
property law which confers a limited
monopoly right to the inventor in respect
of his invention. This right includes to
preclude others from commercially
exploiting the invention without his
consent. However, this right does not
extend to acts done in respect of a product
covered by the patent after the application
of the product in which case, special
application will continue to be reserved to
the patentee. The monopoly right
accorded the patentee is for a maximum
of twenty years from the date of filling the
patent application.
The law regulating patent in Nigeria is the
Patent and Deigns Act Cap 344 Law of
the of Nigeria. 1990. Under the Act, for
an invention to be patentable, it must be
new, result from inventive activity, and
must be capable of industrial application.
Invention is said to be new if it does not
form part of the state of the art. An
invention results from inventive activity
if it does not obviously follow from the
state of the art, either as to method,
application, the combination of methods,
or the product which concerns, or as to the
industrial result it produces. Finally,
where an invention can be manufactured
or used in any kind of industry, including
agriculture, such an invention is said to be
capable of industrial application.
STANDARD ORGANIZATION OF
NIGERIA AND THE REGULATION
OF INDUSTRIAL PRODUCTS
INTRODUCTION
The Standard Organisation of Nigeria
was established in 1971 by the 1971 by
the 1971 Standard Ogranisation of
Nigeria Act as an integral part of the
Federal Ministry of industries. By the
1990 amendment to the Act, the
organization is now a body corporate
headed by a Director-General as its Chief
Executive.
The organization is set up to standardize
the methods and products of industries in
the country and to ensure that the
government policy on standardization of
products is complied with. The
organization in conjunction with allied
bodies like the National Agency for Food
and Drug Administration and Control
(NAFDAC), Counterfeit and Fake Drugs
and Federal Ministry of Health have the
responsibility of monitoring various
product areas and ensuring quality
control and standardization. The
rationale behind the setting-up of this
organization by the government can be
partly attributed to the growing concern
about the legal fitness of products and the
corresponding liability by manufactures,
producers, distributors, suppliers, brand
owners and all persons in the claim of
producing, supplying, or selling products
to the consumers. Similarly, the
government can be rightly said to have
been propelled by the need to protect its
citizens from the quality and standard of
goods and products produced locally and
those imported into the country. The
organization through its activities have
been promoting the conservation of
q u a l i t y o f e n v i r o n m e n t a n d
competitiveness of Nigerian goods and
services in both domestic and
international markets and been
persistently promoting total quality
management and quality assurance sin
the country.
F U N C T I O N S O F T H E
ORGANIZATION
The organization is saddled with the
following responsibilities:
� To organize tests and do
everything necessary to ensure
c o m p l i a n c e w i t h
standard designated and approved by the
council;
�To investigate the quality of
facilities, materials and
products in Nigeria;
�To establish quality assurance
s y s t e m s i n c l u d i n g
certification of factories,
products and laboratories;
�To foster interest in the
r e c o m m e n d a t i o n a n d
maintenance of acceptable
s t a n d a r d s
by industry and the general
public;
�To undertake the preparation
and distribution of standard
samples;
�To sponsor such national and
international conferences as it
m a y c o n s i d e r
appropriate; and
�To undertake any other activity
l i k e l y t o a s s i s t h i t h e
performance of the functions
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imposed on it under the Act.
N A F D A C A N D T H E L E G A L
R E G I M E F O R R E G U L AT E D
PRODUCTS
INTRODUCTION
The National Agency for Food and Drug
Administration and Control (NAFDAC)
was established under Decree No. 15 of
1993 by the Federal Government to
regulate and control, and to ensure that
manufactured products are safe
consumption, by conducting appropriate
tests and ensuring that the manufactures
comply with various specifications and
standards set up by the Agency in the
production of such consumable.
For the manufacturing of any product to
be deemed lawful, the manufacturer must
register the product with NAFDAC.
However, the Agency may grant
authority for the initial manufacture of an
unregistered product intended for
submission as a sample for registration. A
prospective manufacturer who intends to
submit a sample for registration must
contact the NAFDAC office nearest to
his manufacturing establishment and
submit an application containing the full
details of the product (s) to be
manufactured.
FUNCTIONS OF THE AGENCY
Section 5 of the Provisions of the
enabling Decree has given the Agency
wide range of power and mandate to
carry out certain functions. Accordingly,
the functions of the Agency are:
(1) To regulate and control the
i m p o r t a t i o n , e x p o r t a t i o n ,
manufacture, advertisement,
distribution, sale and use of
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regulated products .
(2) To conduct appropriate tests
and ensure compliance with
s t a n d a r d s p e c i f i c a t i o n s
designated and approved by the
Council for the effective control
o f t h e q u a l i t y o f
regulated products and their raw
materials as well as their
p r o d u c t i o n p r o c e s s e s i n
f a c t o r i e s a n d o t h e r
establishments.
(3) To carry out appropriate
investigations into the production
p r e m i s e s , i n s p e c t t h e
raw materials of regulated