Banwo & Ighodalo Expertise

Intellectual Property & Technology

B&I's Intellectual Property and Technology Practice Group comprises units which are constituted to enable us provide effective and efficient services to our clients. These are:

  • Trademarks

  • Patents & Designs

  • Copyrights, Media and Entertainment

  • Domain Names Protection

  • IP Watch Service

  • Anti-counterfeiting, Anti-piracy and IP Litigation

  • Regulatory Compliance, i.e. National Agency For Food and Drug Administration and Control (NAFDAC); National Office For Technology Acquisition and Promotion (NOTAP); Standards Organization of Nigeria (SON); Advertising Practitioners Council of Nigeria (APCON); Nigerian Copyrights Commission (NCC); Nigerian Broadcasting Commission

  • International Affiliations, i.e., Intellectual Property Rights prosecution in other African countries and jurisdictions (OAPI and ARIPO) through network of tested associates

  • Telecommunications and Information Technology

  • Franchising and IP Audit

We have set out hereunder, a representative list of companies and IP agents for whom we manage their IP portfolio and/or advise on a wide range of Intellectual Property and Technology issues:

 

Some of our recent experience includes: 

Currently advising a global dairy products company on the procedure for the registration of products at NAFDAC and on various legal issues in connection with change of manufacturer's representative in Nigeria and transfer of product registration; 

We are also currently advising a multinational food and beverage company on the legal framework for distributorship and IP licensing in Nigeria; including issues such as the termination of distribution agreement, and appointment of a new distributor;

We are currently advising a South Korean multinational conglomerate on the legal framework for distributorship in Nigeria, as well as on anti-trust and competition law issues, issues relating to parallel importation of regulated products and importation generally;

We are currently prosecuting product registration with the NAFDAC on behalf of a privately held Italian global manufacturer of confectionery and gum;

We are also currently prosecuting product registration in respect of a medical device with the SON on behalf of a pharmaceutical company based in the United States; 

We are currently advising a leading international lodging company (with more than 3,400 lodging properties in 68 countries) and its Nigerian affiliate in establishing a world-class hotel with approximately 250 guest rooms in Nigeria. Our responsibility includes reviewing the Project Agreements, including the Management Agreement, the License and Royalty Agreement, the International Services Agreement and the Advisory & Consultancy Services Agreement, to ascertain their consistency and conformity with Nigerian laws and regulations, and registration of such documents with the NOTAP, where necessary;

We are also currently advising the Nigerian Communications Commission and the Federal Ministry of Information Communication Technology in relation to the preparation of a draft bill for a law which designates information and communications infrastructure in Nigeria as critical national infrastructure and establishes a framework for the security and protection of such infrastructure. Our duties involve conducting a comprehensive review of the current framework for ICT infrastructure protection in Nigeria, drafting of the bill and provision of support with stakeholders' engagement and other aspects of the process.

We recently advised a Nigerian broadcasting company on the engagement of two (2) internationally well-known Nigerian musicians for performance at a major concert in Nigeria on issues relating to copyright, licensing of recordings and related matters;

We recently advised a company based in the United States on advertising regulations in Nigeria and the dispute settling procedures of APCON between companies in relation to advertisements;

We advised a cosmetic company based in the United States on issues involving the registrations of their brands at NAFDAC, and on other issues relating to their local subsidiaries and distributors in Nigeria. We further advised on importation of their products into Nigeria;

We recently advised one of the world's largest social network companies with regard to compatibility of its proposed new products with Nigerian IP laws;

We recently advised a major international card services company on various aspects of its business venture and in respect of the partnership arrangement into which it seeks to enter with different companies in relation thereto. Our responsibilities included reviewing, drafting and negotiating IT agreements on the company's behalf;

We drafted the SIM Card Registration Regulations on behalf of the Nigerian Communications Commission (NCC) and provided support with stakeholders' engagement and other aspects of the process of the issuance of the regulations;

We recently advised a submarine cable company that offers open access, wholesale broadband capacity in West Africa on the establishment, construction and operation of a fibre optic submarine cable and negotiated Capacity Sale Agreements with their various customers.

We advised a multinational beverage company in connection with the establishment of a common corporate database and the deployment of a range of information technology applications across its global network.



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