News – Eunoia Law https://eunoialaw.com.ng Eunoia Law is a customer-centric corporate law firm that partners with startups to deliver customized legal solutions. Sat, 20 May 2023 04:02:20 +0000 en-US hourly 1 https://wordpress.org/?v=7.0 https://eunoialaw.com.ng/wp-content/uploads/2019/09/cropped-22-32x32.png News – Eunoia Law https://eunoialaw.com.ng 32 32 Business owners LEVEL UP!!! https://eunoialaw.com.ng/business-owners-level-up/ https://eunoialaw.com.ng/business-owners-level-up/#respond Sat, 20 May 2023 04:02:20 +0000 https://eunoialaw.com.ng/?p=7416 Eunoia Law presents an initiative targeted at SMEs that are in business but yet to have a corporate presence.

20 businesses will be selected to benefit from this initiative. See flyer for more details.

We look forward to this journey of innovation and endless possibilities. We can’t wait to make a difference in your business!

 

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COP26: UN Climate Change Conference UK 21 https://eunoialaw.com.ng/climatechangeconferenceuk21/ https://eunoialaw.com.ng/climatechangeconferenceuk21/#respond Wed, 10 Nov 2021 15:15:59 +0000 https://eunoialaw.com.ng/?p=7138 The COP or Conference of the Parties, is the decision-making body of the United Nations Framework Convention on Climate Change (UNFCCC). The COP26, which is the 26th meeting of the Conference of the Parties being held in Glasgow commenced on the 29th of October, 2021 and will run through the 12th of November 2021.

The devastating effects of disasters such as storms, flood and wildfires are felt around the world. The health and life span of individuals the world over; unpredictable weather conditions have dealt a massive blow to the homes and livelihoods of people. No continent on the earth is spared.

The good news however, is that these challenges and the need for self-preservation has engendered advances in tackling these problems. Some of these solutions are not only producing cleaner air, but also creating good jobs, restoring nature and at the same time, unleashing economic growth. Despite the apparent opportunities it brings, countries and jurisdictions are not acting fast enough to get a grip of this crisis.

The Paris Agreement is the international treaty on climate change. It was adopted at COP 21 in Paris on 12th of  December 2015 and entered into force on 4 November 2016. As of October 2021, 192 members of the UNFCCC are parties to the agreement. Its goal is to limit global warming to well below 2, preferably to 1.5 degrees Celsius, compared to pre-industrial levels.

The Paris Agreement is a landmark in the multilateral climate change process because, for the first time, a binding agreement brings all nations into a common cause to undertake ambitious efforts to combat climate change and adapt to its effects. Therefore, according to the President of COP26, the aim of the conference is to complete and implement the Paris Agreement so as to show that the world is able to work together to tackle this crucial challenge. It also aims to increase countries’ ability to adapt to the adverse impacts of climate change, and to foster climate resilience and low greenhouse gas emissions development, while making finance flows consistent with those aims.

At the heart of the Paris Agreement are the ‘Nationally Determined Contributions’ (NDCs). This is the central mechanism to achieve the Paris Agreement objectives and it embodies efforts by each country to reduce national emissions and adapt to the impacts of climate change. Each country is expected to submit its NDCs and these should include plans to address finance, mitigation, technology transfer and capacity building. The Federal Republic of Nigeria became a treaty to this Agreement on the 22nd of September, 2016 and ratified it on the 16th of May, 2017.

Nigeria, in 2015, submitted an ambitious and transparent NDC. However, as a build up to the COP26, on the 27th of May, 2021, Nigeria submitted an interim report of the updated NDC and thereafter, on the 2nd of July 2021, the updated and final 2021 NDC was submitted.

Some highlights of Nigeria’s 2021 updated NDC are:

Emission Inventory. The NDC of 2015 covered only 3 gases: CO2, NH4 and N2 The updated emission inventory now covers eleven (11) pollutants, including short-lived climate pollutants (black carbon), greenhouse gases (CO2, NH4 and N2O HFCs) and air pollutants (PMs, NOx, SO2, NH3, OC, NMVOCs and CO).

Policy Commitments. The Federal Government of Nigeria has implemented new specific policy commitments and these include:

  • elimination of kerosene lighting by 2030
  • a greater uptake of bus rapid transit
  • 50% reduction in the fraction of crop residues burnt by 2030
  • implementation of forest programmes and initiatives to deliver 20% greenhouse gas (GHG) emission reductions.
  • mainstreaming gender across all sectors; and to achieve this, the government recently approved the National Action Plan on Gender and Climate.

Enhancement Programmes. Some significant enhancement programs being undertaken are:

  • mitigation in the electricity sector
  • assessment of green jobs
  • review of the circular economy with waste management
  • review of clean cooking solutions
  • analysis of nature-based solutions for those sectors with significant adaptation and mitigation co-benefits.

Watch this space for more on the outcomes of the COP26, especially as it affects Nigeria.

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US Supports Patent Waivers for COVID-19 Vaccines https://eunoialaw.com.ng/us-supports-patent-waivers-for-covid-19-vaccines/ https://eunoialaw.com.ng/us-supports-patent-waivers-for-covid-19-vaccines/#respond Thu, 06 May 2021 02:55:02 +0000 https://eunoialaw.com.ng/?p=7083 In a statement released on Wednesday, the 5th of May, 2021, the United State Trade Representative, Katherine Tai, has said the US will now move forward with international discussions to waive the intellectual property protections for COVID-19 vaccines. “This is a global health crisis, and the extraordinary circumstances of the COVID-19 pandemic call for extraordinary measures. The Administration believes strongly in intellectual property protections, but in service of ending this pandemic, supports the waiver of those protections for COVID-19 vaccines,” Tai said.

The US had previously opposed a World Trade Organization (WTO) proposal originally submitted by India and South Africa to the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) on the 2nd of October, 2020. The proposal called on the WTO members to work together to ensure that intellectual property rights such as patents, industrial designs, copyright and protection of undisclosed information do not create barriers to the timely access to affordable medical products including vaccines and medicines or to scaling-up of research, development, manufacturing and supply of medical products essential to combat COVID-19. A number of developing countries supported the proposal, arguing that it would allow them to rapidly produce their own generic vaccines, rather than wait months or years for sufficient doses.

In response to this move by the US, the Pharmaceutical Research and Manufacturers of America (PhRMA) have also released a statement claiming that this decision by the Biden-led administration will backfire because allowing more manufacturers to begin manufacturing vaccines would spark new competition for limited ingredients, slow down existing production and even foster the proliferation of counterfeit vaccines. The PhRMA also stated that the decision has the political and economic effect of handing over America’s innovations to countries looking to undermine its leadership in biomedical discovery.

Intellectual Property Rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. The waiver of these rights in respect of the vaccine therefore suggests a grant of some sort of compulsory license by the manufacturing companies. “With this waiver”, said an advocate, “we can share vaccine recipes, largely developed with taxpayer dollars, while assuring reasonable royalties to American manufacturers.”

Tai, who is attending this week’s WTO sessions in Geneva, cautioned that the discussions to proceed with negotiations over the waiver’s text would “take time.” Therefore, the final agreement could differ significantly from the proposal initially introduced in October last year.

The proposed waiver does not sit well with the American manufacturers, and understandably so! However, if a consensus is reached in respect of the waiver, then the American manufacturers of the vaccines might  have to consider issuing compulsory licenses to manufacturing companies in developing countries. Recourse would have to be made to the Declaration on TRIPS Agreement and Public Health adopted on 14th  of November, 2001 by the member countries which bestows on each member the right  to not only grant compulsory licenses, but also gives them the freedom to determine the grounds upon which such licenses are granted.

Hopefully, the interests of the American manufacturers, who undoubtedly deserve the protection of their investments, research, development and intellectual property rights to the vaccines on the one hand, and the interests of developing countries who urgently need the vaccines on the other hand, can somehow meet at a midpoint that will be somewhat beneficial to all.

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International Workers’ Day, 2021 https://eunoialaw.com.ng/international-labour-day-2021/ https://eunoialaw.com.ng/international-labour-day-2021/#respond Sat, 01 May 2021 03:08:40 +0000 https://eunoialaw.com.ng/?p=7055 In a statement issued 0n 30th of April to mark International Labour Day 2021, the Director-General of the International Labour Day, Guy Ryder, calls on workers, employers, governments, international organizations and all who are committed to building back better, to join forces to bring in a world of work with justice and dignity for all.

The Director General stated that building back better means making deliberate and coherent policy choices:

  • to generate jobs and do a short, decent working conditions for everybody;
  • to extend social protection;
  • to protect workers’ rights; and
  • to use social dialogue.

Whist noting the devastating effect of the COVID-19 pandemic, he remarked that the pandemic has brought about new possibilities that we can and must pursue. The flux of crisis gives us space to rethink, make new choices and new commitments for people, for planet and for prosperity, he said.

#InternationalLabourDay2021  #BuidlingBackBetter  #MayDay2021

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