INTRODUCTION

A registered design gives protection to the shape of the product e.g. lines, colours or any three-dimensional form. The idea is to prevent others from reproducing the external design of the product for industrial use. The owner of a registered design can prevent others from reproducing, importing, illicitly profiting, selling or utilising for commercial purposes by reproducing the design.

Industrial design focuses on aesthetic value and do not protect the technical or functional features of the product, it only applies to the aesthetic nature of a finished product, and it is distinct from any technical or functional aspects. Industrial design protects the aesthetic value and relevant to the fashion, textile design, jewellery industry etc. A registered design is protected for a period of 5 years from the date of the application for registration. Protection may be renewed for two further consecutive periods of 5 years. The Trademarks, Patents and Designs Registry domiciled in the Commercial Law Department of the Federal Ministry of Industry, Trade and Investment is saddled with the responsibility for registration of industrial design.

Introduction

One of the biggest challenges to the recovery of ‘ill-gotten gains’ in many countries including Nigeria has been establishing the nexus between suspicious assets, and a specific offence. The requirement to establish this link is a pre-requisite to the lawful confiscation of assets in many common-law jurisdictions (which includes Nigeria). The prosecutions usually await a finding of guilt on a particular criminal offence, and then seek a forfeiture order with respect to property derived from or used in the commission of that criminal offence[1].

Recently, the Supreme Court of Nigeria in the case of Dauda v Federal Republic of Nigeria (2018) 10 NWLR (Pt.1626) 169 had the opportunity to decide on the issue of burden of proof with respect to unexplained wealth. This article seeks to examine the issues in the decision, particularly in relation to burden of proof and the effect of the decision on the Nigerian criminal law jurisprudence.

Introduction

A contract of carriage of goods by sea is usually between the shipper and the ship owner or carrier. The terms of the contract of carriage are generally evidenced by a bill of lading. A bill of lading is a document issued by the ship owner to acknowledge receipt of cargo delivered to him for the purpose of carriage and the terms of the contract upon which the cargo is carried are incorporated in the bill of lading. The bill of lading is usually governed by a set of rules resulting from different United Nations International Convention[1].

In Nigeria, the Hague Rules 1924 and the Hamburg Rules 1978 are concurrently in force. The Carriage of Goods by Sea Act 2004 (COGSA) domesticated the Hague Rules. COGSA essentially covers only outgoing cargo and excludes import. Accordingly, before the existence of the uncertainty surrounding the determination of the legal regime, imports were governed by the contractually agreed carriage regime usually contained in the bill of lading.