The Effect of Non-Registration of Contracts for Transfer of Technology in Nigeria: Beecham Group Ltd v. Esdee Food Products Nigeria Ltd

1988 ◽  
Vol 32 (2) ◽  
pp. 208-212
Author(s):  
O. A. Fagbemi
Keyword(s):  
Food Products ◽  
Trade Mark ◽  
Industrial Property ◽  
Locus Standi ◽  
Transfer Of Technology ◽  
National Office ◽  
First Time ◽  
Court Of Appeal

The main object of the National Office of Industrial Property (NOIP) Act 1979, is the regulation of all contracts and agreements for the transfer of technology to Nigeria. It attempts to achieve this by requiring all such contracts and agreements to be registered with the NOIP and for their terms to be predicated upon state or judicial consent.In Beecham's case, the Court of Appeal decided that failure to register relevant contracts or agreements with the NOIP does not affect their validity. It is the submission of this note that the decision of the Court of Appeal was wrong: such contracts or agreements become tainted with illegality and, therefore, should be null and void.Although this was an action for infringement of the plaintiff's (Beecham Group Ltd), registered trade mark “Lucozade”, this note will concentrate on the point of law (raised for the first time at the appeal), that non-registration of the transaction whereby the proprietorship of the mark was transferred to the plaintiff, rendered the transaction void. The defendant's argument was that the plaintiff had no locus standi to institute the action or use the trade mark, because it had failed to register a transaction that was registrable within the context of section 4(d) of the NOIP Act.The Court of Appeal disagreed:

Relationship Between Geographical Indications and Trade Marks under Turkish Law

2021 ◽  
Author(s):  
Ufuk Tekin
Keyword(s):  
Trade Mark ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Industrial Property ◽  
Distinctive Character ◽  
Trade Marks ◽  
Judicial Practice ◽  
International Regulations ◽  
First Time

Abstract While geographical indications show geographical origin, trade marks show commercial origin. Therefore, it is possible to say that both geographical indications and trade marks have distinctive character. Indeed, when an application is filed to register a geographical indication as a trade mark, an important question is whether the sign is distinctive enough. In such cases, the distinctive character of these commercial and geographical ‘signs’ can overlap and intersect with each other. In this article, the intersection and relationship between geographical indications and trade marks will be evaluated by considering two different scenarios. In the first one, the trade mark application precedes the registration of the geographical indication, while in the second the application for the geographical indication is filed before the conflicting trade mark. The analysis is carried out by taking into account various provisions of theTurkish Industrial Property Code (IPC), the judicial practice of the Turkish Court of Cassation and international regulations. In this context, the relationship between several absolute grounds for refusal in such a situation and which of these provisions is the most applicable will be examined. In particular, an attempt will be made to explain the role of the absolute ground for refusal regulated in the new Turkish Industrial Property Code for the first time, namely that signs containing or consisting of a geographical indication cannot be registered as a trade mark (Art. 5.1(i)).

scholarly journals Extrusion Processing of Amaranth and Quinoa into Gluten-Free Snack Foods for Celiac and Gluten-Free Diets

2017 ◽  
Vol 6 (5) ◽  
pp. 107
Author(s):  
Caitlin Gearhart ◽  
Kurt A. Rosentrater
Keyword(s):  
Scale Up ◽  
Food Products ◽  
Poor Quality ◽  
Expansion Ratio ◽  
Gluten Free ◽  
Experimental Conditions ◽  
Snack Foods ◽  
Extrusion Processing ◽  
Nutritional Benefits ◽  
First Time

Because of the growth of gluten intolerance and Celiac disease, there is growing interest in development of gluten-free foods. Beyond just being gluten-free, such foods can also have other positive nutritional benefits to human health. Extrusion processing is commonly used to produce a wide variety of human food products. Gluten-free grains can be a processing challenge, however, due to lack of proper binding, which can lead to poor quality food products. This research explores how extrusion parameters impacted the quality of amaranth- and quinoa-based extrudates. The specific objectives of this project included extruding each of the grains, then measuring extrudate properties, such as color, unit density, expansion ratio, and durability. Both the quinoa and amaranth were extruded as raw grain, as well as ground to 2mm and 1mm particle sizes. Other experimental conditions included moisture contents of 20% and 40% (d.b.), and extruder screw speeds of 50 rpm and 100 rpm. All treatments were successfully extruded, and all extrudates had high quality attributes, making this the first time either quinoa or amaranth was extruded without any binding ingredients. This study provides information useful for commercial scale-up.

Paris Embraces Modern Art – But Not in Court: Opinion on the Cour d’Appel de Paris Decision – Jeff Koons v Franck Davidovici

2021 ◽  
Author(s):  
Moritz Sutterer
Keyword(s):  
Subject Matter ◽  
Modern Art ◽  
Applicable Law ◽  
Traditional Notion ◽  
The Us ◽  
Exceptions And Limitations ◽  
The Subject ◽  
First Time ◽  
Jeff Koons ◽  
Court Of Appeal

Abstract In February 2021 the Paris Court of Appeal (Cour d’appel de Paris) rendered a decision against the US artist Jeff Koons, holding that he had infringed copyright relating to an advertisement photography that was more than 30 years old. Jeff Koons is famous for his Neo-pop Appropriation art – kitsch for some, a provocative breach with the traditional notion of art for others. It was not the first time Koons has had to defend his work in court. The French decision is particularly interesting, however, as it shows a very narrow understanding of the copyright exceptions. It is an illustrative example of the issues resulting from CJEU’s approach in Pelham, Spiegel Online and Funke Medien, where the Court held that once the recognisability of original elements has been established, the only way out of the infringement leads through the formal exceptions and limitations of the InfoSoc Directive. Based on the decision, I will reflect on the openness of copyright for art-specific forms of referencing and in particular analyse the subject matter and scope of the parody exception and contrast it with less formal approaches to consider new creative elements. I will also analyse the question of applicable law in internet cases.

PUBLIC HEALTH, NURSING, MEDICAL SOCIAL WORK

PEDIATRICS ◽  
1956 ◽  
Vol 17 (1) ◽  
pp. 116-120
Keyword(s):  
Birth Rate ◽  
Numerical Data ◽  
Vital Statistics ◽  
Monthly Variation ◽  
Medical Social Work ◽  
National Office ◽  
True Position ◽  
Low Levels ◽  
Health Nursing ◽  
First Time

THERE are presented herewith annual summaries of provisional vital statistics of the U.S.A. for 1954, as published by the National Office of Vital Statistics in Volume 3, Number 13, of the Monthly Vital statistics Report. These provisional figures are based on the data from monthly reports of certificates actually received in registration offices in the various states and cities. Previous experience shows that for the country as a whole these estimates will correspond very closely to the final rates when they are compiled. The provisional rates thus reflect the true position sufficiently well to allow their use for immediate planning purposes. Birth rates are shown in Figure 1, by monthly variation, comparing 1953 and 1954. Table 1 gives both numerical data and rates by the states in which the birth occurred. Information by place of residence, which is of course more significant, will be given in the final reports, which will be some time in appearing. In 1954 registered live births again reached an all time high, estimated at 4,021,000, compared to 3,909,000 in 1953. This is the fourth successive record-breaking year and the first time the registered number of births has surpassed 4 million. Predictions of several years ago that the birth rate would shortly begin dropping to the low levels of the 1930's were again proved wrong, for the estimated rate for 1954 was 25.0 per 1,000 population, as against a comparable figure of 24.7 in 1953.

scholarly journals TESTAMENTARY FREEDOM REAFFIRMED IN THE SUPREME COURT

2017 ◽  
Vol 76 (3) ◽  
pp. 499-502 ◽  
Author(s):  
Brian Sloan
Keyword(s):  
Supreme Court ◽  
Royal Society ◽  
Case Law ◽  
Moral Claim ◽  
Her Family ◽  
The Supreme Court ◽  
The Will ◽  
Cruelty To Animals ◽  
First Time ◽  
Court Of Appeal

The case now known as Ilott v The Blue Cross [2017] UKSC 17 was the first time that the Inheritance (Provision for Family and Dependants) Act 1975 was considered at the highest judicial level. The Court of Appeal ([2015] EWCA Civ 797, noted in [2016] C.L.J. 31) had significantly enhanced the award given to an estranged and “disinherited” but needy daughter (Heather Ilott) at the expense of the charities (the Blue Cross, Royal Society for the Protection of Birds and Royal Society for the Prevention of Cruelty to Animals) who were the principal beneficiaries under the will of her mother, Melita Jackson, leaving her with £143,000 out of the £486,000 estate primarily to purchase the council house in which she and her family were living. The Supreme Court unanimously allowed the charities’ appeal, restoring Judge Million's original £50,000 order. Giving the lead judgment, Lord Hughes reasserted the centrality of testamentary freedom in English law, emphasised the importance of the Act's limitation to “reasonable financial provision” for maintenance for non-spouse/civil partner applicants (s. 1(2)(b)), and held that a need for maintenance was a necessary but not sufficient condition for a successful claim. He approved previous case law in holding that maintenance could not “extend to any or everything which it would be desirable for the claimant to have” (at [14]), but was not limited to “subsistence” either (at [15]). He also confirmed that the focus of the correct test under the 1975 Act is not on the behaviour of the testatrix, but opined the reasonableness of her decision may still be a significant consideration, as may the extent of any “moral claim” even if that is not a “sine qua non” (at [20]).

Sign in / Sign up

Export Citation Format

Share Document