By Uchenna Emmanuel Mgboji.
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Safeguarding Intellectual Property Rights:
Paris-based multinational corporation, Sanofi, specializing in pharmaceuticals, has emerged victorious in a legal battle against three Nigerian enterprises accused of infringing upon its registered trademark. The dispute centered around three Nigerian companies: SANOFI Integrated Services Limited, SANOFI Nigeria Enterprises Limited, and SANOFI Nigerian Enterprise.
Sanofi, a prominent player in the pharmaceutical industry, presented its case before the Federal High Court in Abuja, asserting that the Nigerian companies had violated its registered trademark “SANOFI.” Sanofi had previously corresponded with the Corporate Affairs Commission to urge these infringing entities to voluntarily change their names. This action was in compliance with Section 30 (4) of the Company Allied Matters Act, 2020, which stipulates:
“Nothing in this Act prohibits the Commission from requiring a company to modify its name if it discovers that the name conflicts with an existing trademark or business name registered in Nigeria prior to the company’s registration, and if the owner of the trademark or business name did not grant consent.”
Following Sanofi’s request, the Commission issued a directive mandating the three companies to alter their names, yet they persisted in using the disputed mark “SANOFI” in defiance of the directive.
Subsequently, Justice James Omotosho, the presiding judge, after assessing the evidence put forth by Sanofi, ruled in favor of the French company. The court granted injunctive reliefs, directed the Commission to deregister the three infringing companies, and awarded damages to Sanofi for the violation of its intellectual property.
While appreciating the court’s decision, it’s worth considering that this situation of registering a business name identical to an existing trademark could have been averted through improved collaboration between the Corporate Affairs Commission and the Trademark Registry. Given their affiliation as sister organizations under the Ministry of Industry Trade and Investment’s Commercial Law Department, enhanced coordination could prevent instances of mark and business name duplication.
Furthermore, a well-defined process could be established for addressing cases where an aggrieved party alerts the Commission about an offending mark infringing upon their established mark. In the event of non-compliance, the aggrieved party could substantiate their legal ownership of the trademark and furnish evidence of a cease and desist communication. Following this, the Commission could proceed with deregistration after the stipulated time (Six weeks), unless the aggrieved party seeks monetary damages through a legal action filed at the Federal High Court.
In essence, safeguarding your intellectual property rights remains of paramount importance. Ownership of such rights provides the legal framework to counter intellectual property theft and seek redress through litigation when necessary. Establishing seamless collaboration between the Corporate Affairs Commission and the Trademark Office is essential to ensure the consistent protection of legal owners’ intellectual property, thereby preventing the registration of business names bearing similar trademarks.
Author: Uchenna Emmanuel Mgboji.
Uchenna Emmanuel Mgboji is a Partner at Lawzra Legal Practitioner and Arbitrators. He is an experienced Legal Practitioner with over a decade of active practice in Intellectual Property Law and Entertainment Law. He is also a Chartered Member at the Institute of Intellectual Property, Nigeria.
His extensive knowledge and expertise in these areas, especially IP Law, has earned him a reputation as a highly skilled and trusted legal professional.
In Intellectual Property Law, he has successfully represented clients in a wide range of matters, including trademark registration and infringement, patent registration, litigation, and copyright disputes. He is adept at navigating the complex legal landscape of IP law and providing effective solutions that protect his client’s interests.
If you require any further information, kindly contact him via email: urchlaw7@gmail.com
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