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CaseLaw

Densy Ind. Ltd V. Uzokwe (1999) CLR 2(k) (CA)

Brief

  • Infringement of Copyright
  • Documentary evidence
  • Burden of proof in civil cases
  • "New" in relation to industrial design
  • Registration of industrial design

Facts

This matter has to do with a design. It bears registration No. 4464. The appellant, as plaintiff, asked for two declarations in the lower court: (1) That the first defendant (now respondent) has not acquired any exclusive privileges or rights in Nigeria in the design. (2) That the design is invalid being neither new nor original and rectification of the register of designs by the 2nd defendant.

After hearing evidence from the parties, the learned trial judge dismissed the case of the appellant. He said in the last paragraph of the judgement:

  • "After a careful consideration of the evidence adduced, the submissions of the learned counsel for both sides and the case law I have come to the conclusion that the failure of the plaintiff to tender the industrial design applied in the production of Exhibits 3A and 3B is fatal to its case. The Plaintiff has therefore not proved that the 1st defendant'' registered design No. 4464 is not new. Consequently the suit is hereby dismissed with =N=500.00 costs to each of the defendants".

Dissatisfied, the appellant filed an appeal.

Issues

  • 1
    Whether Exhibit 13 (Design No. 4464) was new at the time it was...
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