The World Trade Organisation (WTO)–Trade Related Aspect of Intellectual Property Right Agreement (TRIPS) And the Regulation of Counterfeit Pharmaceutical Product in Nigeria

In recent years, there has been a massive surge in the scale of Counterfeit Pharmaceuticals in Nigeria. It violates the Intellectual Property Rights (IPR) standard adopted by the World Trade Organisation-Trade Related aspect of the Intellectual Property Right (WTO-TRIP) Agreement. The effect of the WTO-TRIPS strict protection of Intellectual Property Rights creates problems for developing countries. It has provoked counterfeit pharmaceutical activities worldwide, and which is prevalent in Nigeria.
This thesis is an in-depth study of the concept and state of 'counterfeit pharmaceuticals' and its application within the WTO-TRIPS framework as transposed in Nigeria. The aim is to ascertain, by way of the theoretical and qualitative methodology, the viability of the WTO-TRIPS agreement for addressing the scourge of counterfeit pharmaceuticals in Nigeria. The concept of counterfeit drugs will be explored, and its parameters defined as a premise for challenging the viability of the WTO-TRIPS and the Nigerian Counterfeit regulatory framework. The justification for this research is because the issue of counterfeit is topical and important for developing countries especially in light of the legal, social, development and health implications of counterfeit. Using Nigeria as a case study will set a standard for other developing and LDC’s.
In fulfilling this study's objective, the thesis notes that Nigeria is a member of the World Trade Organisation and its predecessor, the General Agreement on Trade and Tariff, since its independence in 1960. Nigeria is bound by all WTO trade policies, including the standards mandated by the WTO-TRIPS agreement. The historical analysis of the WTO is relevant to set a standard for testing how viable its rules and policies are in tackling counterfeit. Nigerian history will be discussed, particularly regarding its legal policies on Intellectual Property to assess if the wholesome adoption of WTO-TRIPS rules can curb the surge in counterfeit pharmaceuticals. In that section, the laws of the foremost Nigerian organization for the regulation and control of drugs will be analysed to provide a contextual background to the problem of counterfeit. It will determine if its approach to confronting the counterfeit crisis is adequate and within the stated requirement of WTO-TRIPS.
Finally, a comparative analysis of the WTO-TRIPS and the Nigerian legal policies on IP will be tested to determine the shortcomings and possible reforms to its policy. This study will shed more light on the theoretical perspective of the suitability of the legal regime of the WTO-TRIPS to the regulation of counterfeit drug surge. Lastly, the thesis will make recommendations on reducing the prevalence of counterfeit drugs without relying on the WTO-TRIPS safeguards.