Case Result

Gimns Industrial Company Limited Vs. Faspo Enterprises Nigeria Limited & Andy Karos Auto Company Limited: Suit No. FHC/L/CS/1066/2017 (Unreported)

Case Applicant: Dr. J. O. Mbamalu (with M.S. Mbamalu Ms, for the Plaintiff
Case Respondent: Sir C.C. Nnalugha
Case Held: In essence if a design which is not registerable as such is registered, it stands to reason that the registration comes to nought……By Section 28(4) of Patent & Design Act. every copy of any entry in the Register must be sealed with the Registrar’s seal to be evidence of what is stated therein and it Is only when a document purports to be such a sealed copy that it is presumed to then be what it purports to be. I have looked at the attachments to exhibits “K” and “M” held out by the 1st and 2nd Defendants as their respective designs but failed to find any authentication or attestation by the Registrar on the documents. In the absence of attestation or authentication whatsoever by the Registrar, I do not find any basis for invoking the presumption as to sealing to validate the attachments in the absence of the Registrar’s seal to thereby presume the documents to be what the Defendants would purport them to be, namely, their Designs” – Hon. Justice (Prof) C. A. Obiozor.
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