Publication Title Comparative Analysis Of The Remedy Of Rectification Under The Nigeria And Ghana Trademark Act Download PDF
Publication Type journal
Publisher BALTIC JOURNAL OF LAW & POLITICS A Journal of Vytautas Magnus University VOLUME 15, NUMBER 4, (2022)
Publication Authors Dr. Okubor Cecil Nwachukwu1*, Omonemu Edewor Tony
Year Published 2022-04-04
Abstract Trademarks are frequently used by product owners to introduce their goods and services into the marketplace. The article investigates the remedy of correction in the Nigerian and Ghanaian Trademark Act in order to avoid a situation where similar trademarks are permitted to co-exist and later result in confusion. The paper takes a doctrinal stance that is based on tracing the following concepts: the definition of a trademark as a subset of industrial property; the justification for trademarks; trademark registration and the rights conferred by registration; trademark infringement; and the remedy of rectification as provided under the Nigerian and Ghanaian Trademark Acts. The study finds that in Nigeria and Ghana, laws have been passed to address the many trademark-related issues. These laws include detailed definitions of what constitutes trademark infringement and what qualifies as registrable trademarks. The Act's single remedy for rectification is unquestionably burdensome in both geographic regions, as shown by the provisions, and the study makes the case for its revision in upcoming legislation.
Publication Title PROTECTING POSITIVE SOVEREIGNTY IN A GLOBALIZED WORLD Download PDF
Publication Type journal
Publisher Journal of Legal, Ethical and Regulatory Issues Volume 25, Issue 5, 2022
Publication Authors Okubor Cecil Nwachukwu, Omonemu Edewor Tony,
Year Published 2022-05-05
Abstract The article aims to examine whether the concept of positive sovereignty can be useful in understanding which global political justice issues the current international setting raises, and which new institutional solution if any could successfully tackle them. The article adopts a doctrinal approach based on tracing: the problems of sovereignty inherent in the fundamental assumption and ideas of Plato's political epistemology; negative and positive sovereignty in addressing the idea that the problem solves The article finds out that a global systemic factor can hinder positive sovereignty, and global order could be politically unjust in that it creates unjustifiable systemic obstacles to positive sovereignty. Therefore, the article concludes that what we need is global (political) solutions to global (political) problems by setting up more powerful and independent regulatory institutions to address some of the global systemic barriers to positive state sovereignty.
Publication Title Nigeria Trademark Regime: A Comparative Analysis With South Africa And Ghana Download PDF
Publication Type journal
Publisher BALTIC JOURNAL OF LAW & POLITICS A Journal of Vytautas Magnus University VOLUME 16, NUMBER 3 (2023) ISSN 2029-0454
Publication Authors Dr. Okubor Cecil Nwachukwu1* Omonemu Edewor Tony2
Year Published 2023-03-03
Abstract The paper examines the comparative analysis of Nigeria's trademark laws with those in South Africa and Ghana is its main objective. This is justified by the fact that such a comparison will not only highlight the shortcomings of the Nigerian trademark system, but will also guide reform initiatives aimed at improving trademark management. In this paper, both comparative and qualitative methods were used to make the case for reforming the Nigeria trademark regime. The article identifies crucial areas of the Nigerian trademark regime that demand updating. Additionally, it is discovered that the Nigerian trademarks regime does not grant a trademark application or prospective user a broad variety of advantages over those that exist in other jurisdictions. In order to reflect current developments in product/service identification, the report consequently suggests that a new Trademark Act be passed that is modeled after the existing trademark laws in Ghana and South Africa.
Publication Title Role of Copyright Institutions and Enforcement Agencies in the Digital and Online Dissemination of Copyright Works Download PDF
Publication Type journal
Publisher Beijing Law Review, 2022, 13, 594-613
Publication Authors Okubor Cecil Nwachukwu, Omonemu Edewor Tony
Year Published 2022-02-02
Abstract Digital and online dissemination of copyright works contributes in meaning- ful ways to the achievement of social inclusion and cultural diversity. This is because it provides a medium which affords a worldwide audience by pro- jecting cultural heritage, promoting socio-economic development, supporting foreign direct investment and expansion of the Nigeria market. It is the aim of this paper to examine the role and challenges of the copyright institutions and enforcement agencies that prevent them from performing optimally. It is also the aim of the paper to examine: the impact of digital technology on co- pyrightable work; the adequacy of existing and emerging responses to the phenomenon and to what extent does the existing legal framework in Nigeria cater for the traditional as well as new technology paradigms, which give rea- son for an examination of existing legal regime under Nigeria’s copyright law. The paper situates the discourse in its proper context by undertaking: an ex- amination of the powers, functions and challenges of the various copyright institutions and enforcement agencies in fighting infringement; the Nigeria Copyright Act—substantive provisions and the Nigeria digital and online dissemination of copyright works. The paper found out that digital technolo- gy has a strong impact on the attainment of these objectives, both in terms of opportunities for profitable exploitation, and as a challenge which exacerbates the problem of infringement. Therefore, the paper proposes that these issues need to be addressed through law reforms to address issues relevant to the right of copyright owners online by putting in place a suitable legal frame- work. Also necessary is logistic, technical support and creation of awareness levels of the implication and available options for right holders.
Publication Title The Basis Of Corporate Criminal Responsibility In Nigeria Download PDF
Publication Type journal
Publisher BALTIC JOURNAL OF LAW & POLITICS
Publication Authors Omonemu Edewor Tony
Year Published 2023-08-02
Abstract Corporate crime is currently one of the most delicate and disquieting topics occupying the media, the general public, academics, politicians, and criminal justice institutions in Nigeria. This essay attempts to justify the rationale behind corporate criminal liability, explores the tricky issue of mensrea as it relates to corporate entities, and offers tenable justifications for the effective implementation of corporate criminal liability in Nigeria. The article uses a doctrinal approach to investigate conceptual clarification, theories of corporate criminal liability, corporate criminal responsibility/liability in Nigeria, techniques for determining the fundamental elements of crimes involving corporations, criminal responsibility under the Administration of Criminal Justice Act 2015 and the Companies and Allied Matters Act 2020, corporate criminal responsibility under the common law, and corporate criminal liability under the United Kingdom Corporations Act. The study discovers that these corporate crimes have a domino effect that may not be immediately evident, such as long-term consequences on the environment and social fabric. In order to combat the growing tendency of corporate crimes, the paper advises the expenditure introduction of the Nigerian corporate manslaughter law as a distinct offense with distinct ingredients or features that can be successfully prosecuted.
Publication Title LEGALITY OF SEVERANCE PACKAGES FOR GOVERNORS IN NIGERIA Download PDF
Publication Type journal
Publisher THE 54TH ANNUAL NIGERIAN ASSOCIATION OF LAW TEACHERS (NALT) CONFERENCE
Publication Authors Omonemu Edewor Tony
Year Published 2023-07-15
Abstract This paper interrogates the legality and justness of pension laws, enacted by State Houses of Assembly, that provides retirement benefits for State Governors and Deputy Governors, in Nigeria. In furtherance, the paper examines the meaning of severance package; considers the legal framework for State Governors’ pension; assesses the quantum of retirement benefits provided by these laws and compares the pension regime for public office holders in Nigeria with identified foreign jurisdictions. The paper finds, among other things, that the powers of State Houses of Assembly to enact Pension Laws for the retirement benefits of State Governors and their Deputies in Nigeria, which is derived from section 124(5) of the Constitution of the Federal Republic of Nigeria 1999, has largely been abused, which is against the intendment of the Constitution. The paper argues that the quantum of retirement benefits for State Governors are immodest and proposes a sustainable pension regime in Nigeria. The paper proposes the amendment to relevant provisions of the Constitution and relevant State Laws, to constrain state legislatures in the exercise of their powers to legislate on pension of state governors and their deputies.
Publication Title PROTECTING POSITIVE SOVEREIGNTY IN A GLOBALIZED WORLD Download PDF
Publication Type journal
Publisher Journal of Legal, Ethical and Regulatory Issues
Publication Authors Okubor Cecil Nwachukwu, Omonemu Edewor Tony
Year Published 2022-05-05
Abstract The article aims to examine whether the concept of positive sovereignty can be useful in understanding which global political justice issues the current international setting raises, and which new institutional solution if any could successfully tackle them. The article adopts a doctrinal approach based on tracing: the problems of sovereignty inherent in the fundamental assumption and ideas of Plato's political epistemology; negative and positive sovereignty in addressing the idea that the problem solves The article finds out that a global systemic factor can hinder positive sovereignty, and global order could be politically unjust in that it creates unjustifiable systemic obstacles to positive sovereignty. Therefore, the article concludes that what we need is global (political) solutions to global (political) problems by setting up more powerful and independent regulatory institutions to address some of the global systemic barriers to positive state sovereignty