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Fundamentals of the Nigerian Trade Marks Act and implications for foreign trade mark owners


Olatunji, OA, Fundamentals of the Nigerian Trade Marks Act and implications for foreign trade mark owners, Journal of Intellectual Property Law & Practice, 11, (2) pp. 130-137. ISSN 1747-1532 (2016) [Refereed Article]

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Copyright 2016 Oxford University Press

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DOI: doi:10.1093/jiplp/jpv233


Since trade marks are crucial to the promotion of trade and economic development, it is no surprise that most developed countries often update their trade mark laws to reflect modern trends. The same thing cannot be said of trade mark laws of many developing countries such as Nigeria where, for example, marks are regulated by the Trade Marks Act (NTMA) 1965, this being a replica of the UK Trade Marks Act 1938 (UKTMA 1938). As detailed as the 1938 UK Act was, scholarly opinion agreed that it was poorly drafted and deficient in many respects. This deficiency was wholly inherited by Nigeria. Fifty years after enactment, the NTMA remains unamended.

This legislative inertia prompts this article to discuss and analyse some salient but deficient provisions of the NTMA, with a view to drawing the attention of foreign trade mark proprietors to the position of the NTMA on selected issues of importance. This analysis will help foreign trade mark proprietors to make investment decisions vis--vis their marks in Nigeria.

The article concludes by suggesting a replacement of the current Act with new legislation which will take cognizance of recent developments in international trade mark administration and practice.

Item Details

Item Type:Refereed Article
Keywords:Trademarks, Nigerian Trademarks Act, Foreign investors
Research Division:Law and Legal Studies
Research Group:Private law and civil obligations
Research Field:Intellectual property law
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Justice and the law not elsewhere classified
UTAS Author:Olatunji, OA (Mr Olugbenga Olatunji)
ID Code:122838
Year Published:2016
Deposited By:Law
Deposited On:2017-12-01
Last Modified:2018-01-15

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