The Test of Novelty of Industrial Designs is Global and not Territorial – A Review of the Judicial Decision in Suit No. FHC/L/CP/1240/13 West African Cotton Ltd V Hozelock Exel
Jackson, Etti and Edu’s intellectual property litigation team recently obtained a decision in favour of West African Cotton Ltd at the Federal High Court, where the provisions of the Patent and Designs Act on novelty of the subject matter of registered industrial designs was reviewed and interpreted by Hon. Justice R.M. Aikawa.
The Court held that the test of novelty to be applied in determining if an industrial design should be cancelled, is a global test and not a local one. Thus, where an industrial design is registered after complying with filing formalities, such design may be cancelled and expunged, if the subject matter of the design was not “new” globally.
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