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The reality and urgency of climate change

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The reality and urgency of climate change are undeniable. The question is: how will we respond?

Climate change is not a distant threat, but a present and growing danger that affects every aspect of our lives. The scientific evidence is overwhelming and undeniable: the Earth is warming at an unprecedented rate, mainly due to human activities that emit greenhouse gases into the atmosphere.

The consequences of this warming are already visible and devastating melting ice caps and glaciers, rising sea levels, more frequent and intense heat waves, droughts, floods, storms, wildfires, and epidemics. These impacts threaten the health, security, and well-being of millions of people around the world, especially the most vulnerable and marginalized communities.

We cannot afford to ignore or delay action on climate change any longer. The window of opportunity to avoid the worst effects of global warming is rapidly closing. According to the Intergovernmental Panel on Climate Change (IPCC), the world needs to cut its emissions by 45% by 2030 and reach net zero by 2050 to limit the temperature rise to 1.5°C above pre-industrial levels.

This is the level that scientists consider safe and compatible with sustainable development. Beyond this threshold, the risks and costs of climate change will become unbearable and irreversible.

To achieve this ambitious goal, we need a radical transformation of our society and economy. We need to shift from fossil fuels to renewable energy sources, from wasteful consumption to circular economy, from carbon-intensive agriculture to sustainable land use, from individual transport to public and active mobility, from deforestation to reforestation, and from apathy to action. We need to embrace a green and just transition that ensures a fair distribution of the benefits and burdens of climate action, respects human rights and dignity, and leaves no one behind.

We also need to recognize that climate change is not only an environmental issue, but a social and political one. It is a symptom of a deeper crisis of our current system that prioritizes profit over people and planet. It is a result of the unequal power relations that exploit nature and oppress people. It is a driver of conflict and violence that fuels injustice and instability.

Therefore, we need to challenge the root causes of climate change and address the structural inequalities that perpetuate it. We need to demand accountability and transparency from our governments and corporations that are responsible for the bulk of emissions. We need to support and amplify the voices of those who are most affected by climate change and least responsible for it. We need to join forces with other movements that share our vision of a more democratic, inclusive, and peaceful world.

We have the knowledge, the technology, and the resources to tackle climate change. What we lack is the political will and the collective action. That is why we need to act now, together, as citizens of this planet. We need to raise awareness, educate ourselves and others, mobilize our communities, pressure our leaders, advocate for change, and participate in decision-making processes. We need to show that we care about our future and that we are ready to fight for it.

Climate change is not a hopeless situation, but a historic opportunity. It is an opportunity to reimagine and rebuild our society in a way that respects nature and human rights. It is an opportunity to create a more equitable and resilient world that can cope with current and future challenges. It is an opportunity to unleash our creativity and solidarity as agents of change.

Trademark Use and Non-Use, Offences As To Trademarks and Trade Descriptions Under Nigerian Law

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Intellectual Property :- Trademark Use & Non-Use Under Nigerian Law

This write-up will be looking at trademark use & non-use as well as trademark removal/de-registration as well as defensive registrations and registered users under Nigerian law, specifically the Trademarks Act of Nigeria.

What qualifies as non-use of a trademark which would lead to removal of a trademark from the trademark registry ?

– Removal of a trademark is possible by either :-

a). An order of court.

b). At the option of an applicant.

c). A decision of the registrar of trademarks. 

– The grounds of non-use would include the following :-

a). Lack of any bonafide intention on the part of the applicant to use the trademark in relation to those goods up to the date one month before the application.

b). No bonafide use for 5 years from registration.

– The tribunal may refuse an application under this provision if it can be proved that there’s bonafide use of the subject trademark.

What are the provisions of the trademark act on the defensive registration of well-known invested words?

– Where a trademark consisting of an invented word or invented words has, as respects to any goods in respect of which it is registered and in relation to which it had been used (otherwise called “familiar goods”), become so well known that its use in relation to other goods would be likely to be taken as indicating a connection in the course of trade between those goods and a person entitled to use the trademark in relation to the familiar goods, the trademark may, on the application in the prescribed manner of the proprietor registered in respect of the familiar goods, be registered in his name in respect of those other goods as a defensive trademark, notwithstanding that the proprietor registered in respect of the familiar goods, does not use or propose to use the trademark in relation to those other goods and notwithstanding anything in the act and while so registered, the trademark shall not liable to be taken off the register in respect of these goods under the relevant section of this act.

What is the provision of the Trademark Act on registered users?

– A person other than the proprietor of a trademark may be registered as a registered user thereof in respect of all or any of the goods in respect of which it is registered (otherwise than as a defensive trademark) & either with or without conditions or restrictions.

Intellectual Property :- Offences As To Trademarks & Trade Descriptions Under Nigerian Law

This article and final part of this intellectual property article series looks at the criminal law aspect of trademarks, specifically  trademark infringements & fraudulent trade descriptions under Nigerian Law, specifically the Merchandise Marks Act of Nigeria.

Our focus will be mainly on the topics of :-

– What false trade descriptions are under the merchandise marks act.

– Offences as to trademarks & trade descriptions.

– Forging trademarks.

– Mark or trade description  applications.

What exactly is a false trade description under the merchandise marks act?

– A trade description which is false or misleading in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement,or otherwise where that alteration makes the description false or misleading in a material respect, and the fact that a trade description is a trademark,or part of a trademark, shall not prevent such trade description being false within the meaning of the merchandise marks act.

What are the offences highlighted by the merchandise marks act as  relating to trademarks & trade descriptions?

– Forging a trademark.

– Falsely applying to goods, any trademark or marks so nearly resembling a trademark as to be calculated to deceive.

– Making, disposing of, or having in possession, any die, block, machine or other instrument for the purpose of forging, or of being used for forging, a trademark.

– Applying any false trade description to goods.

What are the exceptions to the provisions of the merchandise marks act regarding acts or omissions constituting offences?

– An act or omission ordinarily being a violation of the merchandise marks act would not be deemed an offence where:-

a). The accused party acted innocently.

b). The accused had no reason to suspect the genuineness of the trademark, mark or trade description.

c). The accused is simply an employee of the legitimate proprietor and is in possession of materials such as dies, blocks, machines by reason of his employment despite the materials legitimately belonging to the proprietor.

What are the penalties for these offences?

– The violation of the merchandise marks act constituting an offence is punishable with an imprisonment term or 2 years, a fine, or both.

What qualifies as forging a trademark under the merchandise marks act?

This occurs via :

– Making a mark without the assent of the proprietor with the intention to deceive.

– Falsifying any genuine trademark, by alteration, addition, effacement or otherwise.

It should be noted that the defendant/accused has the burden of proving the proprietor’s assent.

What are the provisions of the merchandise marks act regarding the application of marks or descriptions?

This occurs when :

– Applying marks or descriptions to the goods.

– Applying any covering, label, reel,or other thing in or with which the goods are  sold or exposed  or had in possession for any purpose od sale, trade or manufacture.

Ndubuisi Ekekwe To Keynote A Google AI Summit in January 2024

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The village boy from Ovim wishes to announce that he has accepted to deliver a special keynote speech in an upcoming Google Summit. As a PhD student in Johns Hopkins University, faculty in Carnegie Mellon University, global lead ASIC design engineer in Analog Devices, investor in Tekedia Capital, and owner of Intel Corp’s only programmable microprocessor knowledge partner in Africa*, I have worked at the highest level of robotics and AI systems. And in Harvard University’s Harvard Business Review, I have written many seminal papers examining the impacts of AI in markets, economic development and more.

In Harvard, I predicted how AI and robotics will transform developments across nations, and challenged Africa to look for new developmental paradigms, instead of mimicking China’s trajectory, because what worked for China has expired, and cannot be used in another country or region. Simply, the Western factory jobs which were outsourced to China will not move to Africa as wages rise in China because Africa will be competing against AI and robots in America and Europe, not Chinese workers.  The piece, written in 2019, remains insightful, and OpenAI ChatGPT and Google Bard are making everything clearer

AI will change the foundational pillars upon which market systems operate, and only firms and nations which develop capabilities will thrive. When Pythagoras postulated centuries ago, as they looked for the “core” of natural philosophy, that our world is nothing but Numbers, little did he know that AI will make that postulation self-evident in this age. With AI and broad autonomous systems, the Western world and China will transition from their current innovation era to accelerated era, even as some regions in the world are stalled on a transition from invention era to innovation one. The economic gap can widen, and that is why your firm must not just run on AI, but be transformed by AI.

My speech is on January 11, 2024, and I will be attending live; will share webcast link later. More updates coming…

  • Fasmicro, an Intel Partner 

Guidelines for Professional Relations Between Lawyers and The Court System In Nigeria Under The New Rules Of Professional Conduct

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Legal Practice :- Guidelines For Professional Relations Between Lawyers In Nigeria Under The New Rules Of Professional Conduct

This article talks about the relationship between legal practitioners as governed by the rules of professional conduct (RPC), particularly in the areas of :- 

– Fellowship & precedence. 

– Good faith & fairness among lawyers. 

– Association in matters. 

– Change of lawyer. 

What is the provision of the RPC on fellowship and precedence among lawyers?

 – Lawyers are required to treat each other with fairness, respect, consideration and dignity.

 – Lawyers are required to always regard each other with no ill feelings. This includes addressing each other in courteous & respectful language.

 – Under the RPC, all legal practitioners, regardless of their ranking and placement at the bar,are equal in status. This is without prejudice to the rights of Senior Advocates Of Nigeria (SANs) and Honourable Benchers having the right to get their matters called out of turn in court and to not share seating arrangements in court with members of the outer bar. 

What are the provisions of the RPC on good faith & fairness among lawyers?

 – Lawyers are required to always honour agreements made with other lawyers.

 – Lawyers are barred from entering into late holding brief agreements.

 – Lawyers are barred from speaking with an opposing legal counsel’s client in his absence.

 What are the provisions of the RPC on associations of lawyers in matters?

 – When being briefed by a client who already has a former lawyer still representing him in a matter, the second lawyer is required by the RPC to refuse being briefed in that matter if it is objectionable to the previous lawyer.

 – The new lawyer being briefed to replace the previous lawyer is also required by the RPC to ensure that all outstanding fees owed to the previous lawyer are paid by the client.

 What are the provisions of the RPC on the change of lawyers?

 – Where a lawyer has been briefed by a client to replace another lawyer currently representing him, the new lawyer is to  :-

 a). Give notice to the former lawyer.

 b). Use his best endeavors to ensure that the former lawyer is paid his earned fees.

 – In litigation :-

 a). Both lawyers shall give notice of change of counsel to the court.

 b). All documentation in the client’s brief in the possession of the former lawyer is to be handed over to the client upon the change of counsel.

 c). The former lawyer in line with ethical rules on the recovery of unpaid fees may place a lien on documentation belonging to the client.

Legal Practice :- Guidelines On Relations Between Legal Practitioners & The Court System In Nigeria Under The New Rules Of Professional Conduct (RPC) 2024 

This article focuses on the roles required of legal practitioners in their relationships with the courtroom hierarchy under the new rules of professional conduct slated to take effect in January, 2024. 

What are the duties required of lawyers by the RPC as officers of the court? 

– Lawyers are required to be respectful to the court and to not obstruct, delay or adversely affect the administration of justice. 

– Where there is a reasonable cause of action, lawyers are required to only seek redress against judicial officers through the appropriate authorities. 

– A lawyer failing to comply with undertakings to a court constitutes professional misconduct. 

– Lawyers are not allowed to discuss pending cases with the judge trying or hearing the case, except in the presence of opposing counsel in the suit. 

What are the requirements of the RPC concerning candid and fair dealings? 

– In appearing in his professional capacity before a court or tribunal, a lawyer shall not deal with the court unless otherwise candidly and fairly. 

What are the provisions of the RPC on trial publicity? 

– Lawyers are not permitted to engage in television,radio and other media interviews or shows for the purpose of commenting on courtroom or litigation matters which are pending before the court, especially where there’s a clear intention of possible or calculated interference with the fair trial of the suit. 

What are the requirements of the RPC regarding relations between lawyers and judges? 

– Lawyers are required to ensure that they never create the ascertainable impression of gaining or trying to gain special personal consideration or favour from a judge.  

– This can also apply to lawyers having a duty to reveal to opposing counsel, any personal relationship he may have with the judge sitting on matters participated in. 

This is the Nigerian legal ordinance. Understand that laws vary across national boundaries. If your practice involves international law, being aware of the venezuela sanctions ofac is essential for compliance and ensuring smooth legal operations.

Guidelines For Lawyers In Nigeria On Professional Relations With Clients Under The New Rules Of Professional Conduct

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In this write-up, we will be taking a closer look at a very important issue for many lawyers in private legal practice which is their professional relationship with clients which is regulated by the rules of professional conduct (RPC) in Nigeria.

Our focus will be on the topics of :-

– Dedication & devotion to the cause of clients.

– Client representation within the bounds of the law.

– Competent representation.

– Conflicts of interest.

– Agreements with clients.

What are the requirements of the RPC regarding dedication to the cause of a client?

– A lawyer shall devote his attention, energy and expertise to the service of his client, and subject to any rule of law, act in a manner consistent with the best interest of his client.

– A lawyer shall:

a). Consult with his client in all questions of doubt which don’t fall within his discretion.

b). Keep the client informed of the progress and any important development in the cause or matter as may be reasonably necessary.

c). Warn his client against a particular risk which is likely to occur in the course of the matter.

d). Respond as promptly as reasonably possible to request for information by the client.

e). Where he considers the client’s claim or defence to be hopeless, inform him accordingly.

– A lawyer employed in respect of a court case shall be personally present or be properly represented throughout the proceedings in court.

– Any negligence by a lawyer in handling a client’s affairs may amount to professional misconduct.

What does the RPC say regarding representing clients within the bounds of the law?

– In his representing a client,a lawyer may refuse to aid or participate in conduct that he believes to be unlawful even though there is some support for an argument that the conduct is legal.

What does the RPC provide regarding competent representation of clients by lawyers?

– Lawyers are not allowed to :

a). Handle a legal matter which he knows or ought reasonably to know that he is not competent to handle without associating with him a lawyer who is competent to handle it, unless the client objects.

b). Handle a legal matter without adequate preparation.

c). Neglect a legal matter entrusted to him.

d). Attempt to exonerate himself from or limit his ability to his client for his personal malpractice or professional misconduct.

What does the RPC say on conflicts of interest?

– A lawyer shall at the time of a retainer, disclose to the client all the circumstances of his relating with the parties and any interest in or connection with the controversy which might influence the client in the selection of the lawyer.

What does the RPC say on agreements with clients?

– A client shall be free to change his lawyer and to dispense with his services as he deems fit, provided that nothing in this provision shall absolve the client from fulfilling any agreed or implied obligations to the lawyer including the payment of fees.

Section II

This second article installment will be looking at the provisions of the new rules of professional conduct (RPC) for lawyers regarding their relationships with clients in the areas of  :-

– Maintaining client privilege and confidence.

– Lawyers standing as witnesses for clients.

– Withdrawal from employment of clients by lawyers.

– Calling at the houses or places of business of clients by lawyers to receive briefs.

– Lawyers dealing in properties of clients.

What does the RPC say regarding the privilege and confidence of a client?

– All oral or written communications made by a client to his lawyer in the normal course of professional employment are privileged.

– A lawyer shall not knowingly :

(i). reveal a confidence or secret of his client;

(ii). use a confidence or secret of his client to the disadvantage of the client;

(iii). use a confidence or secret of his client to the advantage of himself or of a 3rd person unless the client consents after full disclosure except with the client’s consent after full disclosure or when necessary to establish his legal fee or defending a wrongful conduct allegation.

What does the RPC say on lawyers standing as witnesses for their clients?

– Lawyers are not allowed to do so in any contemplated or pending litigation where he knows or ought reasonably to know that he or a lawyer in his firm may be called as a witness .

– A lawyer can testify:

a). Where the testimony will relate solely to an unconnected matter.

b). Where the testimony will solely relate to a matter of formality and there’s no reason to believe that substantial evidence will be offered in opposition to the testimony.

What does the RPC say on withdrawal by lawyers from a client’s employment?

– A lawyer shall not abandon or withdraw from an employment once assumed, except for good cause which can be – 

a). conflict with the interest of the client;

b). when the client insists on an unjust or immoral course in the conduct of his case;

c). where the client persists against the lawyer’s advice and persists in pressing frivolous defenses;

d). where the client deliberately disregards an agreement or obligation as to payment of fees or expenses.

Is a lawyer calling at the place of business or residence of a client allowed under the new RPC?

This is not allowed except in special circumstances or for some other reason preventing his client from coming to his law office.

What does the new RPC say regarding a lawyer dealing in the property of a client?

– This is allowed except when it constitutes an abuse of the client’s trust.