Dr. Foluke O. Dada

Research

Legal Effects of the Nigerian Patent Law on Sale of Drugs and Consumer Protection in Nigeria

Article October 17, 2014

The essence of the law of patent is usually to protect inventions especially ones that are new and those that improve on the new ones. In effect, patent confers the right to exclude others, generally, from exercising those rights the law confers on the patentee. The major beneficiaries of patent often include scientists, researchers, professors, pharmacists, engineers and extendedly the consumers. However, as the task of this work demands, the concentration will be on health related inventions. That is, the legal effects of patent laws on pharmaceuticals or drugs and other edibles. The legal protection available to consumers will also be discussed in the light of the customs and practices of trade in Nigerian. This will then lead us to an examination of how the law relating to patent has been able or failed to safeguard public health care system in Nigeria. Consequently, issues regarding consumer rights and the corresponding right of the buyer for goods to be of merchantable quality especially regarding the enormity of the problem of counterfeit drugs will be discussed.

HIV and Social Policy in Sub-Saharan Africa: Future goals for Protecting the Children in Sub-Sahara Africa

Article September 29, 2014

The onerous task of protecting orphans in Africa requires a multifarious effort aimed not only at infusion of public, private or international funding into the care and treatment of HIV/AIDS but also the building of economic and legal systems that integrates social and cultural representation and identity of the people such as those that energize the primary base and involve these vulnerable victims of HIV/AIDS. Goals and objectives of governments and institutions working in this field of health should be a collaborative effort towards an effective coordination of work strategically designed for children in partnership with mental health, social, medical and legal personnel. It is my opinion that this will promote easy access to all available resources especially in countries such as Nigeria, Uganda and South Africa where HIV/AIDS is very endemic. In order to prevent abuse and improve access to health care, ethical and legal issues, much attention should be paid to the underlying social and economic problems that contributed to the spread of the disease. Orphans have been greatly affected by the high level of poverty, infectious diseases reaching epidemic levels, lack of education and inadequate health, legal, social and economic infrastructures.

The Justiceability and Enforceability of Womenas Rights in Nigeria

Article September 19, 2014

The legal framework for women’s rights in Nigeria is based on the Constitution primarily, other local laws and international treaties relating to women ratified by the country. Nigeria is a country with very high but youthful population. 2 Women in Nigeria constitute more than two - thirds of the country’s 70% adult non literate population. Despite the fact that women also constitute about 49% of the total population, they are discriminated against in all spheres of governance. The marginalization of Nigerian women is much more pronounced in the native laws and custom which constitutes a major aspect of the sources of Nigerian law. The issue of women’s rights in Nigeria is very sensitive. Right is defined as ‘A power, privilege or immunity, guaranteed under a constitution, status or decisional laws or claimed as a respect of long usage.