Legal Nigeria

APPRAISAL OF SPREEVISION LTD & Anor. v Nestle Nigeria Plc & Ors (Suit No.: FHC/IKJ/CS/183/2012, unreported ruling of 10 September 2013 per Yinusa J)BY: AKINWANDE SINMILEOLUWA

Legal Nigeria took an interest in publishing a term paper titled “Appraisal of Spreevision Ltd & Anor. v Nestle Nigeria Plc & Ors,” authored by Akinwande Sinmileoluwa from Caleb University, Lagos State. The paper delves into the intricacies of copyright law, specifically focusing on the case involving the development of a digital kiosk pavilion. The author explores the challenges related to enforcing copyright, understanding artistic works, and determining the intent of use in intellectual property law. The case, which took place in 2013, involved the plaintiffs claiming copyright infringement against Nestle Nigeria Plc, alleging that their concept for the kiosk was used without permission. The court, however, upheld the defendants’ objection on the grounds that the plaintiffs admitted their work was intended to be used as a model for industrial processes, making it ineligible for copyright protection. The judgment emphasized the necessity of originality for copyright eligibility and the plaintiffs’ failure to establish independent creation or obtain a license from the original owner. The paper notes in conclusion that the court’s deviation from the main issue weakened the foundation of the judgment.

References: Oriakhogba, O. (2018). “The Scope and Standard of Originality and Fixation in Nigerian and South African Copyright Law.” Journal of Intellectual Property, 2(2), 119-135.

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