Passing-off and Legal Reforms

COMPARATIVE

NLIPW Trademark Law Volume 1 Number 3

eDigest

(Passing off and Legal Reforms)

April 8, 2013

Content Sources

  1. Nigerian Institute of Advance Legal Studies, Journal of Intellectual Property
  2. Nigerian Institute of Advanced Legal Studies
  3. Templars Barristers and Solicitors Website
  4. Council for the Development of Social Science Research in Africa

Ferodo Limited and Ferodo Nigeria Limited v. Ibeto Industries Limited; Another Critical Review by Dr. Ayoyemi Lawal Arowolo, Nigerian Institute of Advance Legal Studies, Journal of Intellectual Property (2012)

This paper critically analyses the case of Ferodo Limited and Ferodo Nigeria Limited v. Ibeto Industries Limited in view of the current trends in contemporary practice and the future direction of jurisprudence.

Supreme Court Decision in Ferodo Ltd v. Ibeto Industry Ltd: A Review by Helen Chuma-Okoro, Nigerian Institute of Advanced Legal Studies, Journal of Intellectual Property Maiden Edition (2011)

This article looks at the case of Ferodo Limited and Ferodo Nigeria Limited v. Ibeto Industries Limited. It examines what issues constituted the cause of action and how the Court addressed those issues. It also looks at the significance of the case to the development of the law on trademarks in Nigeria and the jurisprudence of other jurisdictions concerning similar issues.

Trademark Infringement: Suing for ‘Passing-Off’ in Nigerian Courts excerpt from Templars Barristers and Solicitors Newsletter

This article deals with the issue of ‘Suing for Passing-Off’ in Nigerian Courts. This is an issue that has generated so much controversy both within the judicial system and the academia in Nigeria. The major diverging point for most part seems to be whether the Federal High Court could be the proper and exclusive locus to adjudicate issues relating to ‘passing-off’, especially when the mark to be protected has not been registered under the Trade Marks Act.

A Development Oriented Intellectual Property Regime for Africa by Enyinna S. Nwauche, paper presented at the 11th General Assembly of the Council for the Development of Social Science Research for Africa (CODESRIA) in Maputo Mozambique 6-10 December 2005.

This paper argues that the crisis of intellectual property in Africa is even more profound because there is no evidence of any significant awareness that intellectual property is crucial in the development of a knowledge economy which is so essential if Africa is to move forward. The paper recognizes that while Africa is a net consumer of intellectual property, it relatively does not create much. Section 2 of the paper identifies the nature of the crisis of intellectual property in Africa while Section 3 constructs a theoretical overview of a human rights based intellectual property regime and demonstrates the nature of this regime by considering three sectoral issues – patent protection and public health issues; access to information and copyright; and the protection of communal intellectual property. Section 3 also discusses specific measures that can strengthen a human rights based intellectual property regime. In Section 4, the paper examines how the enhanced intellectual property protection advocated by bilateral and multilateral investment treaties pose a threat to a development oriented intellectual property regime. Finally the paper constructs a model of instrumental framework appropriate for a human rights based intellectual property regime.

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About Bob Aroture 539 Articles
Bob is a Senior Editor and Content Development Manager at Nigerian Law Intellectual Property Watch. He holds a BS degree, with a major in biochemistry. He works directly with the Newsroom Team. His focus areas are technology and innovation, and pharmaceutical technology. Email: editorial@nlipw.com