Quantum of Quality Control in Trade Mark Licensing Under the Nigerian Law
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Date
2020
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Nigerian Institute of Advanced Legal Studies Journal of Intellectual Property [NJIP]
Abstract
Trademark is comprised of a message about the quality of the goods to which it is connected. Accordingly, the statutory sanction for trademark licensing is circumscribed with the duty on the part of the owner to control quality of the goods of the licensee sold under his mark. The aim of this article is generally to present the weaknesses and challenges of the Nigerian provisions on quality control relating to trademark licensing, and its specific objectives include to ascertain the quantum of quality control required for valid trademark licensing. Specific issues raised in the article include the actual purport of the provisions of the Nigerian Trade Mark Act relating to quality control, whether it is certain and predictable. In particular, the terms 'relationship' and 'control' by their ordinary meanings present possible interpretive challenges for the courts, registry and practitioners alike. Among the questions to which the article will seek answers is that relating to the nature and types of relationship and control intended by the Act. Based on the assumption that product quality is the focus of the control under the provision, further inquiries about the extent and dimensions of quality and quality control are made through the cases. Relevant provisions in other countries will be examined to identify useful lessons for Nigeria.
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Adam K.I, Ojibara H.B, Omotosho A.I (2020): Quantum of Quality Control in Trade Mark Licensing Under the Nigerian Law. Nigerian Institute of Advanced Legal Studies Journal of Intellectual Property [NJIP] Vol 7 (2020-22). Published by Nigerian Institute of Advanced Legal Studies Abuja.