JURISDICTION IN ACTIONS FOR INFRINGEMENT OF TRADE MARKS AND PASSING-OFF IN NIGERIA

  • Chukwunweike Anukenyi Ogbuabor, Ph.D University of Nigeria, Enugu Campus, Nigeria
  • Sylvester Ndubuisi Anya, Ph.D University of Nigeria, Enugu Campus, Nigeria
Keywords: judicial precedent, Infringement of Trade Marks, passing-off

Abstract

It is ordinarily thought, if not taken for granted, that original jurisdiction over trademarks and passing-off vests in the
Federal High Court, to the exclusion of all other courts in Nigeria. Relevant statutory provisions obviously support the exclusive jurisdiction of the Federal High Court on the subject. However, recent decisions from the apex court have not shown any consistency; and the questions are: are the statutory provisions governing this area of the law not clear enough to guide the court? How can these varying decisions of the Supreme Court be harmonized to ensure uniform development
of judicial precedent in the legal system? The paper recommends that jurisdiction in passing-off should vest exclusively in the Federal High Court. Splitting jurisdiction between the Federal and the State High Courts leads to confusion, difficulty, high cost of litigation and multiplicity of actions with the concomitant uncertainty of judicial precedent in the legal system.

Author Biographies

Chukwunweike Anukenyi Ogbuabor, Ph.D, University of Nigeria, Enugu Campus, Nigeria

Department of International Law and Jurisprudence

Sylvester Ndubuisi Anya, Ph.D, University of Nigeria, Enugu Campus, Nigeria

Department of International Law and Jurisprudence

Published
2018-05-14
How to Cite
Ogbuabor, C., & Anya, S. (2018). JURISDICTION IN ACTIONS FOR INFRINGEMENT OF TRADE MARKS AND PASSING-OFF IN NIGERIA. The Nigerian Juridical Review, 11(1). Retrieved from http://thenigjuridicalreview.com/index.php/NJR/article/view/159
Section
Articles