Repositioning Trademark Laws as Tools for Socioeconomic Development: A Case for Legitimizing Comparative Advertising under Nigerian Law
In: Journal of developing societies: a forum on issues of development and change in all societies, Band 30, Heft 1, S. 69-90
ISSN: 1745-2546
This article examines the provisions of Nigerian trademark laws on comparative advertising. It criticizes the dichotomy between registrations under parts A and B of the register in this regard, and makes the case that the blanket prohibition of comparative advertising in respect of marks registered under part A is unnecessary and unjustified by requirements under international trademark standards. Such prohibition is further inimical to socioeconomic development, including the areas of consumer information, development of local businesses, and the general alignment of the country's intellectual property laws and practices with the underlying philosophy behind the World Intellectual Property Organization's Development Agenda. It concludes by making a case for law reform.