MAROON INK

HOW I DISCOVERED ABOUT INTELLECTUAL PROPERTY LAW    ...Now I understand the popular phrase, "the law is a Doctor". INTELLECTUAL PROPERTY LAW  made me to understand that. ...through my mum. My name is Lily and I am so passionate about writing. Now I know that sounds cliche because almost everyone writes but that's not the case here. I just love writing. However, I have the fear of publishing. Not the usual "Sciptophobia" where there's the sudden stress that overtakes you after publishing and makes you question your writing. I have the fear of having my work stolen.     I wanted to put out my content on a blog of my own but I have been plagued by this major fear of how to protect my writings. For some writers the fear is to put out their work for others to see, probably due to the fear of criticism. But for me, my fear is that someone could steal my write-up because I'm "too good". I have heard that  on so many  Social Media platforms like:  ...

INTRODUCTION               Although Nigeria is one single nation, the presence of different and diverse ethnocultural groupings and consequently multifarious rules of customary law, makes the presence of conflict of laws problems.  Problems of internal conflict of laws arise in Nigeria whenever there is a clash between two or more different systems of customary law and the court is faced with the task of determining and choosing which of them to apply in the case before it.  This article explains which law Nigerian courts would apply in resolving internal conflicts of matters relating to inheritance or succession matters. INHERITANCE OR SUCCESSION MATTERS            To resolve conflicts related to inheritance or succession matters, the courts do this in two different ways: 1. Inheritance relating to movable properties. 2. Inheritance relating to landed or immovable properties. 1. Inheritance relating to movable...

  INTRODUCTION      Creating software isn’t a day's job. It is difficult. Thus, having a creative idea and design stolen is a nightmare. Seeing someone else’s business or company develop with your software ideas and designs is even more horrible than the worst nightmare ever.  Even if you think your idea is small and your software is not taking you to grade 1 yet, it’s important to protect the intellectual property of your software. Software in this context is not just the designs but everything that the world of Technology has to offer. Ranging from the applications built to help with our assignments and projects down to the games we play on our computers. Looking at all these great efficiencies that software has, there should be legal protection on software. This article, therefore, examines the legality of software and the need for its protection under the Intellectual Property Law and what to do as a Software developer to protect your software creations. WHA...

  "Where an Industrial design is created in the course of employment or in the execution of a contract for the performance of specified work, the ownership of the design shall be vested in the employer or, as the case maybe in the person who commissioned the work: Provided that, where the creator is an employee, then, if his contract of employment does not require him to exercise any creative activity but he has in creating the design used data or means that his employment has put at his disposal - (a) he shall be entitled to fair remuneration taking into account his salary and the importance of the design which he has created; and (b) the entitlement in question is not modifiable by contract and may be enforced by civil proceedings." *Section 14(4), Patents and Designs Act, Cap P2 LFN, 2004

      1. RELIANCE ON EXEMPTION CLAUSE IN A BREACH OF FUNDAMENTAL TERM UNDER COMMON LAW AND NIGERIA: RULE OF LAW OR RULE OF CONSTRUCTION? 1.1 THE RECENT POSITION IN COMMON LAW.        Before the decision in the House of Lords in Suisse Atlantique society v. Kolen central[1] , what existed was rule of law on the breach of a fundamental term. The rule at that time was that a party in a fundamental breach of contract was not allowed to rely on an exemption clause to escape liability no matter how widely expressed the clause was. In the case of Karsales (Harrow) Ltd v. Wallis[2], Lord Denning declared that:  "It is now settled that exempting clauses, of this kind, no matter how widely they are expressed, only avail the party when he is carrying out the contract in its essential respects. They do not avail him when he is guilty of a breach which goes to the root of the contract".           However, the above principle was rever...

   INTRODUCTION:           Diane Pretty was refused the legal right to choose the circumstances of her death. She suffers from motor neuron disease and is experiencing the disintegration of her body. She faces a death that she believes will entail indignity and suffering and physically cannot kill herself. The court has denied her request that her husband be allowed to help her.  The question is; suppose that Mrs. Pretty became permanently and severely incompetent as a result of brain damage and that her life was being sustained by medical technology. If her doctors believed that medical treatment could provide no benefit because of her inability ever to engage in any self-directed activity, then can they legally withdraw life-sustaining treatments, including hydration and nutrition? [1]         Euthanasia also known as "Mercy killing"  is one of the most debated topics of this century. While some agree that euthanasia has...