JONATHAN AJIJOLA V. THE STATE
August 7, 2025F. O. AJIBOWO AND CO. LTD VS WESTERN TEXTILES MILLS LTD
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 01358
In the Supreme Court of Nigeria
Fri Jul 2, 1976
Suit Number: SC. 302/1975
CORAM
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
IRIKEFE JUSTICE, SUPREME COURT
A.B WALI – JUSTICE, SUPREME COURT
PARTIES
F.O. AJIBOWO & CO. LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff claimed that the Defendant infringed on their patent by registering their textile design and that the registration of their design by the Registry of Patents and Designs was void and of no effect because the design was not new. The learned trial Judge thereupon declared the registration of the design in favour of the defendants null and void. He further ordered that it should be expunged from the Registrar of Designs.
HELD
The Supreme Court held that the trial Court was in error holding that there was publication of the design as the onus was on the plaintiffs/respondents to prove prior publication and this they failed to do.
ISSUES
Whether or not there was prior publication of the disputed design
RATIONES DECIDENDI
PATENT – PUBLICATION OF INDUSTRIAL DESIGN
“The law is that the publication of an industrial design is confidential if the person to whom the disclosure is made is under an obligation as to secrecy or has himself an interest in the design.” Per FATAYI-WILLIAMS, JSC
CASES CITED
Blank v. Footman, Pretty & Co. (1888) 5 R.P.C. 653
STATUTES REFERRED TO
The Patents and Designs Decree (No. 60 of 1970
