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DUWIN PHARMACEUTICAL & CHEMICAL COMPANY LIMITED v. ESAPHARMA SRL, ITALY & ANOR

(2017) JELR 34322 (CA)

Court of Appeal  •  CA/L/389/2013  •  11 May 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; YARGATA BYENCHIT NIMPAR JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

YARGATA BYENCHIT NIMPAR, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the Federal High Court, Lagos Division delivered on the 23rd April, 2013 by JUSTICE I. N. BUBA wherein the Court dismissed a preliminary objection filed by the Appellant and granted the reliefs in the Notice of Originating Notice of the 1st Respondent. The 1st Respondent appealed against the decision of the Registrar of Trade Marks where he dismissed the 1st respondent's objection to the registration of trademarks of some products. The 1st Respondent then appealed to the Court below which allowed the appeal and set aside the decision of the Registrar of Trade marks to register the products. The Court below held that the Appellant cannot register the products because it was previously instructed by the 1st Respondent to register same on its behalf and as a result, the registration done should be expunged from the register of trade marks. Dissatisfied with the decision, the appellan…

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