COUNTERFEIT DRUGS, TRADEMARK INFRINGEMENT, AND PUBLIC HEALTH RISKS: A CRITICAL APPRAISAL OF NIGERIA’S LEGAL RESPONSE IN THE AFRICAN CONTEXT

Abstract

The proliferation of counterfeit pharmaceuticals in Nigeria and across Africa presents a grave threat to public health, economic development, and the integrity of intellectual property (IP) systems. This article critically examines the intersection between trademark law and the regulation of counterfeit drugs in Nigeria. It evaluates the effectiveness of statutory frameworks, institutional mechanisms, and judicial responses in combating pharmaceutical counterfeiting. The study situates Nigeria’s approach within the broader African context and draws comparative insights from selected jurisdictions. It argues that while Nigeria has developed a relatively robust legal and institutional architecture, enforcement deficits, particularly in informal markets and at national borders, continue to undermine effectiveness. The article proposes reforms aimed at strengthening trademark enforcement, enhancing regulatory coordination, and integrating public health considerations into IP policy.