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Syner-Med Pharmarceuticlas Ltd v. Glaxo Group Limited

(2010) JELR 94244 (CA)

Court of Appeal  •  Civil Application 77 of 2010  •  11 Jun 2010  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Daniel Kennedy Sultani Aganyanya, John walter Onyango Otieno

Judgement

RULING OF THE COURT

The motion before the Court is one under, Rule 5(2) (b) of the Court’s Rules and that being so, the applicant, Syner-med Pharmaceuticals Ltd., was obliged to satisfy the Court on two well known points, namely, that its intended appeal is an arguable one and secondly that unless we grant to it the order of stay it seeks, its proposed appeal, were it to succeed upon its being heard, the success would have been rendered nugatory by the refusal to grant the order of stay. The dispute between the applicant and the respondent, Glaxo Group Ltd is over a trade mark involving the trade name of some antibiotic preparation or drug. The applicant’s preparation is designated as ‘SYNERCEF’. On 27th April, 2006, the applicant applied to the Registrar of Trade Marks for the registration of that name. At the time the applicant applied for the registration, the respondent had registered its preparation in the trade name of ‘ZINACEF’; the respondent’s registration was in 1983. The res…

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