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Publication Title NUCLEAR WEAPONS: THE STRATEGIC ASPECTS OF THE PROLIFERATION PROCESS IN THE SOVIET UNION, IRAQ, PAKISTAN, AND SOUTH KOREA AND THE NEED FOR IT IN THE TWENTIETH CENTURY Download PDF
Publication Type journal
Publisher Journal of Legal, Ethical and Regulatory Issues
Publication Authors Okubor Cecil Nwachukwu, Princess Ajudua
Year Published 2023-02-02
Abstract Nuclear weapons do exist, and they are not going away anytime soon; opportunities to reconsider how and in what capacity to use them are on the horizon. The essay analyzes nuclear weapons proliferation and the need for nuclear weapons in the twenty-first century. It argues that a defense-based proliferation theory to explain nuclear weapons' limited dispersion. By examining the spread of nuclear weapons in detail and estimating the overall impact of the securities. The strategic dimension of the proliferation process is being studied, as well as the centuries-old roles/needs for nuclear weapons in facing new threats in the context of new policies and limits on what is required to deter them. It finds out that nuclear weapons' importance and position are no longer as clear as they once were, since technological advancements have created challenges and hurdles that have reshaped nuclear weapons' function. As a result, it pushes for a consensus on the need for nuclear weapons in the twentyfirst century, based on existing realities.
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
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 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
Publication Authors Dr. Okubor Cecil Nwachukwu1*, Omonemu Edewor Tony2
Year Published 2022-02-02
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 A Comparative Analysis Of Copyright Enforcement Regime In Nigeria Download PDF
Publication Type journal
Publisher BALTIC JOURNAL OF LAW & POLITICS A Journal of Vytautas Magnus University
Publication Authors 1*Dr. Okubor Cecil Nwachukwu, Dr. Gaga Wilson Ekakitie
Year Published 2022-03-03
Abstract Giving the owner the sole right to use the intellectual property and the authority to forbid unauthorized use is the fundamental purpose of intellectual property rights. In comparison to other jurisdictions, Nigeria faces a significant issue in the enforcement of intellectual property rights. Copyright is the most prevalent intellectual property right. With an emphasis on the remedies available to a copyright owner when there has been an infringement, the purpose of this study is to evaluate the enforcement mechanisms and laws now in place in Nigeria. In order to ascertain whether poor law enforcement is, in fact, a key militating element in the fight against the high rate of copyright infringement in the nation, comparisons with other jurisdictions must be done. By investigating the agencies with the authority to enforce intellectual property rights, copyright infringement in Nigeria, the copyright enforcement system in Nigeria, and a comparative analysis of enforcement provisions in some other jurisdictions, the paper places the discourse in its proper context. The study discovered that, in comparison to other jurisdictions, Nigeria's weak copyright enforcement regime is mostly attributable to the absence of adequate enforcement laws. Therefore, the study suggests that in order to establish a more effective enforcement system than other jurisdictions, it is necessary to both optimize the current enforcement mechanisms and alter the Nigeria copyright Act.
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, University of Delta Omonemu Edewor Tony, University of Delta
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 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 2022-03-13
Abstract Digital and online dissemination of copyright works contributes in meaningful ways to the achievement of social inclusion and cultural diversity. This is because it provides a medium which affords a worldwide audience by projecting 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 copyrightable 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 reason for an examination of existing legal regime under Nigeria’s copyright law. The paper situates the discourse in its proper context by undertaking: an examination 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 technology 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 framework. Also necessary is logistic, technical support and creation of awareness levels of the implication and available options for right holders.
Publication Title Regulatory Response to Copyright Protection in an Online and Digital Environment: A Comparative Analysis
Publication Type journal
Publisher Beijing Law Review
Publication Authors Okubor Cecil Nwachukwu1, Kwubosu Ikechukwu2
Year Published 2022-03-13
Abstract The necessity to bring some sanity into the activities associated with the creation of copyright works and to address the egregious infringement of copyright in the nation is positively addressed by regulations. The current condition and difficulties with copyright enforcement in the online and digital environment are examined in this essay. It also looks at the regulatory measures taken to deal with the pervasive issue of piracy. By looking into the main issues of copyright protection, the nature and impact of copyright protection, the online and digital world, comparative analysis, and the Regulatory response to digital technology, the article places the topic in its proper doctrinal perspective. The study discovered that while Nigeria’s current regulatory response regime appears to be trying its best, it falls short when compared to other jurisdictions around the world. It is advised that a framework be developed to align with global best practices.
Publication Title JUDICIAL ROLE IN THE DEVELOPMENT OF INTELLECTUAL PROPERTY LAW IN NIGERIA Download PDF
Publication Type journal
Publisher Commonwealth Law Review Journal
Publication Authors Cecil Nwachukwu Okubor* & Kesiena Urhibo*
Year Published 2022-02-02
Abstract When the courts make historic decisions, doctrines, and pronouncements, the importance of the court's role in interpreting the law is most clear. In this context, the courts are in charge of shaping jurisprudence and deciding the legal underpinnings. This article focuses on the larger context and framework in which the court's role in the interpretation and growth of Nigerian intellectual property laws can be analyzed. Where does Nigerian intellectual property law exist? It takes a conceptual approach, tracing intellectual property law and the courts' role. It also analyzes some recent case law that can be used to determine judicial power and the function of the court in the evolution of IP law. With a few notable exceptions, the overall interpretative function has been less than ideal, according to the article. It thus suggests a more pragmatic and constructive judicial approach to the interpretation of IP legislation, particularly given the growing importance and contribution of IP to national development, as well as the need for a socially responsive policy and legal framework for an effective intellectual property right regime.
Publication Title Top core elements of the insider trading and market manipulation offences in Nigeria and South Africa
Publication Type journal
Publisher Commonwealth Law Bulletin
Publication Authors Okubor Cecil Nwachukwu
Year Published 2020-10-30
Abstract This article discusses top core elements of offenses of insiders trading and market manipulation in terms of the different legislation in those areas. The article finds out that, despite attempting to test insider deals, insider dealing activity is still struggling due to incentives to increase profits. Therefore, a constructive recommendation that could be used to improve the curbing of market abuse practices in these financial market regions has been made to include, businesses must be required to disclose all information and communication concerning the value of their shares and to put in place tighter disclosure rules.