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slideshow: true, Laches is a legal term derived from the Old French laschesse, meaning "remissness" or "dilatoriness," and is viewed as the opposite of "vigilance." 2. 1. Edited by: David Mambro , Simon Brilliant , Richard Hayes , Guy Watkins , Mark West , Simon Williams , and David Willink Publisher: Bloomsbury Professional Ltd Publication Date: July 2020. Providing Practical Legal Solutions To The Concerns Of Our Clients. The equitable doctrine of laches and acquiescence. In this context, acquiescence refers to the action of a plaintiff over a long period with full knowledge of his or her rights refraining from exercising the rights in circumstances where it can properly be inferred that they are abandoned. As a result of acquiescence, the person whose rights are infringed may lose the ability to make a legal claim against the infringer, or may be unable to obtain an injunction against continued infringement. When you claim that a person's legal suit against you is not valid because of this, you would call it estoppel by laches.. Examples of Laches Defense 6. GREEN V. GREEN PRACTICE AND PROCEDURE – EQUITY – Doctrine of standing by – person who stood by and allowed others to fight his battle for him – whether bound by decision affecting his interest. Laches and Acquiescence; Affidavits; Pleadings; Search Summary: In this case court sought to make a ruling on two preliminary objections raised by the respondents. Asserting a Defense of Laches 4. Trademarks: doctrine of delay, laches and acquiescence Chadha & Chadha Intellectual Property Law Firm India September 13 2018 The Indian judicial system follows rules … In re Wilbur's Estate, 334 Pa. 45, 5 A.2d 325, 331. This sub heading explores some of this limitation in detail.

$("a[rel^='ewicprettyPhoto[26599]']").ewcPhoto({ $("#ewic-con-26599").find(".flex-caption").hide(); var curSlide = slider.find("li.flex-active-slide"); the principle of laches and acquiescence; a defence in intellectual property law April 2017 Project: UNCONVENTIONAL DEFENCES TO INTELLECTUAL PROPERTY INFRINGEMENT 3 Laches; 4 Acquiescence; 5 Unclean hands; 6 Hardship; 7 Effect of the order on third parties; 8 End; 9 References; Required Reading . Difference Between Laches Defense and Statute of Limitations 5. });

A review of the authorities suggests that laches has two branches, acquiescence and prejudice, and each can constitute a stand-alone ground for the doctrine’s operation. Two circumstances, always important in such cases, are, the length of the delay and the nature of the acts done during the interval, which might affect either party and cause a balance of justice or injustice in taking the one course or the other, so far as relates to the remedy. - Kemi Pinheiro SAN, A Chat with Omosebi, Olajide Ademola – A Lawyer and Tax Risk Manager, Protection of Intellectual Property Rights in Computer Software: Copyright or Patent. Trademarks: doctrine of delay, laches and acquiescence Chadha & Chadha Intellectual Property Law Firm India September 13 2018 The Indian judicial system follows rules … The Gravitas Review of Business & Property Law, Vol.10 No.1 (March 2019) Gbenga Ojo. [35] The leading case on laches in Canada is the Supreme Court’s decision in M.(K.), in which La Forest J. described the doctrine as follows, at pp. which has been introduced in this issue. The former is a submission to, or resting satisfied with, an existing state of things, while laches implies a neglect to do that which the party ought to do for his own benefit or protection. [1] These principles are utilized by paying close attention to facts and surrounding circumstances of different cases rather than the strict nature of common law in determining liability, they remain applicable at the judges’ discretion, except the doctrine of laches which I shall further be discussing in this article, laches is presently embedded as a part of the statutory provision in the United State of America. M.W. When you claim that a person's legal suit against you is not valid because of this, you would call it estoppel by laches.. Ag. $(curSlide).find(".flex-caption").slideDown(); BL School of Law, NOUN Programme Leader: Mr. Kunle Aina (sabbatical) School of Law, NOUN Course Coordinators: O Abisoye (Mrs.), O. Lawal, C. Hia School of Law, NOUN . rtl: false, The doctrine is somewhat akin to limitation periods enacted by statute and can be relied on were equitable relief is sought but no statutory limitation period applies. School of Law National Open University of Nigeria Lagos. Like laches, an acquiescence defense required proof of an unreasonable delay in bringing suit that caused prejudice to the defendant. Cases in Equity are distinguished from cases at law by the type of remedy, or judicial relief, sought by the plaintiff. useCSS: false, easing: "easeInSine", MakeMyTrip’s objection was on the sole ground that Hermes operated not in the business-to-consumer (B2C) domain but in the business-to-business domain. DNL Partners Is A Private Law Firm Established Essentially To Offer Full Commercial Legal Service. [reasonable] reliance on that assurance; and 3. detriment in consequence of the reasonable reliance.

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(2) Any change of position that has occurred on the defendant’s part. The, U.S. News | Pause Commercials Sues Hulu for Patent Infringement Over Pause Ad Feature, Nigerian News | NAFDAC Cautioned Nigerians Against Consumption of Swiss Alpine Green Tea, U.S. News | India and US Sign MOU on Intellectual Property Examination and Protection, Nigerian News | NAFDAC Alerts Nigerians on Benadryl (Diphenhydramine), Nigerian News | U.S. Embassy Supports Copyright Commission with Equipment to Fight Piracy, Anti-Counterfeiting and Piracy Incident Research Database, China News | Sharp Sues Chinese Smartphone Maker over 4G Patents, U.S. News | Bed Bath & Beyond Sued for Infringing E-Receipt Processing System Patent, U.S. News | Flexiworld Technologies Sues Roku for Patent Infringement, Fear Kills More Dreams Than Failure Ever Will, Nigeria – Application to Register the Trademark: AICRANE & Device in Class 7, Nigeria – Application to Register the Trademark: AIMIX & Device in Class 7, Nigeria – Application to Register the Trademark: MYDICLORON in Class 5, Nigeria – Application to Register the Trademark: WinsTown & Device in Class 5, Nigeria – Application to Register the Trademark: WinsTown & Device in Class 30, Nigeria – Application to Register the Trademark: Roc & Device, Nigeria – Application to Register the Trademark: VIMARANI & Device, Nigeria – Application to Register the Trademark: PROWIN & Device, Nigeria – Application to Register the Trademark: TRANYOO & Device in Class 9, Nigeria – Application to Register the Trademark: Shield Lubricants & Device in Class 35, Nigeria – Application to Register the Trademark: Shield Lubricants & Device in Class 4, Nigeria – Application to Register the Trademark: KIVEE & Device in Class 9, Nigeria – Application to Register the Trademark: Beniyat Rice & Device in Class 30. This doctrine is closely related to the concept of statutes of limitations , except that statutes of limitations set specific time limits for legal actions, whereas under Laches , generally there is no prescribed time that courts consider "proper."

$("#ewic-con-26599").flexslider({ Examples of Laches Defense 6. CL Index Burden of Proof Evidence Law Unconscionable Equity and Trusts Conveyance Sale of real property Property Law Laches and Acquiescence Civil Defences. Textbook Chapter 6. The jurisdiction exercised by the court is equitable. It is multi-segment free access center for intelligence and instruments relating to Nigeria's legal and policy circuit. 3 No. Thus the most likely evidence of the defendants which probably was intended to support their defence of laches and acquiescence to the effect that they erected houses on the land in dispute well before the commencement of the last Nigerian civil war without any interference by the plaintiffs was rejected as untrue by the trial court. }, deeplinking: false, Because laches is an equitable defense, it is ordinarily applied only to claims for equitable relief (such as injunctions), and not to claims for legal relief (such as damages). PRACTICE AND PROCEDURE – EQUITY – Laches and acquiescence – Undisturbed possession – Application of doctrine thereto under native law and custom. BL School of Law, NOUN Programme Leader: Mr. Kunle Aina (sabbatical) School of Law, NOUN Course Coordinators: O Abisoye (Mrs.), O. Lawal, C. Hia School of Law, NOUN . Laches arises when a plaintiff has “unreasonably and inexcusably delayed” in bringing a cause of action and the delay has prejudiced the defendant. A legal doctrine whereby those who take too long to assert a legal right, lose their entitlement to compensation.. Wide Knowledge, Skills And Experience, Served With The Utmost Proficiency. THE LIMITATIONS OF LACHES AND ACQUIESCENCE IN INTELLECTUAL PROPERTY LAW As a general rule in litigation practice, every law, defence and strategy has a limitation to either its applicability or its effect, the principle of laches and acquiescence is not an exception to this rule. The doctrine of laches and acquiescence is entirely a creature of equity. What Is Laches Defense? Tree & Trees JusticeMedia; Child in Law Foundation; Partnership for LawNigeria.com; Solicitors General; 0. View the original piece on: (insert Hyperlink). Download NBA Constitution 2015 – As amended. 3 pages) Ask a question Glossary Laches. Nigeria Weekly Law Report Yakubu vs Ashipa 2 issue: Whether the exercise of discretion of stay of further execution ought to have been made if there is nothing left to execute, the full execution having been duly carried out us alleged. Where it would be practically unjust to give a remedy, either because the party has, by his conduct, done that which might fairly be regarded as equivalent to a waiver of it, where by his conduct and neglect he has, though not perhaps not waiving that remedy, yet put the other party in a situation in which it would not be reasonable to place him if the remedy were afterwards to be asserted, in either of these cases, lapse of time and delay are most material. AfricanLII and LEDAP provide technical support in the start-up phase of this project. by Practical Law Intellectual Property & Technology. Gbenga Ojo, lecturer, Lagos State University and Principal Gbenga Ojo and Co Lagos Nigeria in his article, Acquisition of Title to Land by Adverse Possession: Need to Stop Endorsement of Land Theft, interrogates the concept of adverse possession in land law. As an affirmative defense, defendant bears the burden of proof in establishing both unreasonable delay and harm therefrom: mere delay or passage of time is insufficient. He holds a BS degree, with a major in biochemistry. Nigeria LII NigeriaLII is a project of the National Judicial Institute and is a portal that provides free access to Nigerian law to the legal sector and citizens of Nigeria. Fallen Legal Heroes: Justice Samuel Olumuyiwa Jibowu, NBA-AGC 2017: Mobolaji Ojibara Bids Delegates Farewell, All FWLR This Week: Incompetence of Judgment Delivered by A Panel Where One of The Judges was Absent During Hearing, A Comparative Analysis Of Major Changes Introduced By The CAMA 2020, New Exceptions To The Without Prejudice Rule In Courts Litigation And Arbitration Practice. The doctrine of laches applies only to equitable claims; it is a defence advanced by a defendant against a plaintiff who, though barred by no statutory bar, nevertheless ought not to succeed by reason of his apathy. smoothHeight: true, Acquiescence and laches again may be pleaded either against the plaintiff or the defendant, while limitation can be pleaded generally only against the plaintiff. var curSlide = slider.find("li.flex-active-slide"); Laches is an equitable doctrine invoked when, through an unreasonable delay, plaintiff fails to act in a timely fashion in asserting its rights. ACQUIESCENCE IN ENGLISH LAW AND THE CUSTOMARY LAND LAW OF GHANA AND NIGERIA BY GORDON R. WOODMAN1 The courts in Ghana and Nigeria apply indigenous customary law in a large proportion of cases, particularly those involving family relationships or land.2 During the past century the courts have done much to clarify this law and adapt it to rapidly changing social conditions. A defendant who invokes the doctrine is asserting that the claimant has delayed in asserting its rights, and, because of this delay, is no longer entitled to bring an equitable claim. But while laches properly focuses on plaintiff’s blame in sitting on its rights, ultimately it is the harm to defendant from plaintiff’s inaction that forms the basis for the defense. $(curSlide).find(".flex-caption").slideDown(); In the first sense it means delay with acquiescence. However, in determining the existence or otherwise of such inordinate delay as to amount to laches, two main issues may be considered. theme: "ewc_default", Write CSS OR LESS and hit save. Laches is an equitable defense, or doctrine. J. in Wilmott v. Barber laid out the law when he said: “It has been said that acquiescence which will deprive a man of his legal rights must amount to fraud, and in my view that is an abbreviated statement of a very true proposition. could only apply if there is proof that under native law and custom, which is binding between the parties, delay for a particular period of time to sue will affect the right of the plaintiff to … Sometimes courts will also require that the party invoking the doctrine has changed its position as a result of the delay, but that requirement is more typical of the related (but more stringent) defense of estoppel. Laches is a defense to a proceeding in which a plaintiff seeks equitable relief. • Laches & acquiescence and the local statute of limitation: No remedy • We got class action on “CITI” co.s & CAC not as a TM action but company law • Ultra vires the CAC to register a company with name identical registered TM • Perpetual injunction and change of name orders • Change in jurisprudence, several cases followed. [142] The word “laches” is used in two senses. prevText: "", DNL Partners Is A Private Law Firm Established Essentially To Offer Full Commercial Legal Service. Laches arises when a plaintiff has “unreasonably and inexcusably delayed” in bringing a cause of action and the delay has prejudiced the defendant. This case concerns a vast tract of land which belongs to the Oloto Royal Family of Lagos, of whom the appellant is traditional monarch and head of family. eCeipt LLC alleges that the defendant infringed on one of its patents by […], Flexiworld Technologies, Inc. has filed a lawsuit in the Western District of Texas against a streaming device maker, Roku Inc. for patent infringement over using its display and streaming content process. Ag. convenient to the law outline the defence of acquiescence.on In doing so, areas of contention will becomethe apparent. 1. nextText: "", A Practice Note discussing the equitable defenses of laches, acquiescence, equitable estoppel, and unclean hands in trademark litigation. The plaintiff alleges that […], Copyright © 2020 Nigerian Law Intellectual Property Watch Inc. | Email: [email protected] | + 1 (347) 688 5972 | 48 Wall St. 11th Floor New York, NY 10005. DNL Partners Is A Private Law Firm Established Essentially To Offer Full Commercial Legal Service. But it can never be pleaded against a plaintiff who has a legal claim. Acquiescence relates to inaction during the performance of an act. If a court does accept the laches defense, it can decide either to deny the request for equitable relief or to narrow the equitable relief that it would otherwise give. Determining the existence or otherwise of inordinate delay in prosecuting a case that would amount to laches, It is worth noting that equity does not fix a specific time limit after which claims may be said to be barred or stale, but considers all the circumstances of each and every case. 3 TABLE OF CONTENTS MODULE 1 General Principles of Equity I … Under the law, the equitable defenses of “laches” and “acquiescence” can be used to avoid liability in such cases. The question there is, has so much time passed, even though the statute of limitations hasn’t passed, that it would be unfair to allow the plaintiff to sue. Dean Ifidon Oyakhiromen, PhD. Laches Practical Law UK Glossary 3-383-9179 (Approx. slideshowSpeed: 5000, His focus areas are technology and innovation, and pharmaceutical technology. direction: "horizontal", Anti-counterfeiting/Piracy Incident Research Database, Senior Advocates of Nigeria (1975 – 2019), Past Chief Justices of Supreme Court of Nigeria, Past Justices of Supreme Court of Nigeria, Current Justices of the Supreme Court of Nigeria. 6 min read. In the first sense it means delay with acquiescence. start: function(slider){ Case law and text writers are ad idem on the view that the defences of laches and acquiescence must be "specifically pleaded" Adeniran v. Alao [2002] FWLR (pt 90) 1285, 1304-1305; with due particularity, Ibenwelu v. Lawal (1971) 1 All NLR 23. Oluwakorede Emmanuel Adeboye is a graduate of Benson Idahosa University, Benin, where he obtained his Bachelors of Law in 2013. Put another way, failure to assert one’s rights in a timely manner can result in a claim being barred by laches. It cannot be otherwise for it is the facts averred which determine what the real defence is. This doctrine of laches and acquiescence originated from the Latin maxim “Vigilantibus non dormientibus uitas subvenit meaning Equity aids the vigilant and not the indolent”. This will lead to a discussion as to whether reform of equity is in feasible order to promote coherence and certainty in the law. could only apply if there is proof that under native law and custom, which is binding between the parties, delay for a particular period of time to sue will affect the right of the plaintiff to claim for the recovery of the disputed property. Acquiescence and laches are cognate but not equivalent terms. MakeMyTrip to its knowledge permitted continuous use by Hermes of the trademark GetMyTrip and domain name www.get-mytrip.com. This is because it is clearly unjust to give a plaintiff a remedy where, by his conduct, he has done that which might not unreasonably be regarded as amounting to a waiver of it. 3PLR – ANYADUBA V. NIGERIAN RENOWNED TRADING CO. LTD . Related Legal Terms and … They were that the two of the nine applicants were not competent to swear an affidavit on behalf of the rest as the representative order was in respect of the nine and that the application was barred by time. The present case involved not only delay and laches but also acquiescence. after: function(slider) { To establish this defense a defendant must prove that the plaintiff's conduct amounted to "an assurance by the plaintiff to the defendant, either express or implied, that plaintiff will not assert its trademark rights against the defendant." 3. Laches is a defense to a proceeding in which a plaintiff seeks equitable relief. How Could Acquiescence, Laches & Waiver Lead to Estoppel [Wider Application in Indian Law System] # Acquiescence occurs when a person knowingly stands by without raising any objection to the infringement of his or her rights, while someone else unknowingly and without malice aforethought acts in a manner inconsistent with their rights. Laches (Law French: “remissness”, “slackness”, from Old French laschesse) is an “unreasonable delay pursuing a right or claim… in a way that prejudices the [opposing] party”. autoplay_slideshow:true, However, the doctrine of acquiescence is expressed mostly by conduct. The conduct is sometimes described as waiver. Dean Ifidon Oyakhiromen, PhD. The Doctrine of Laches – Adedayo E. Salami, Is Constitutional Amendment Required for Virtual Court Hearings in Nigeria? slideshow:5000, See Taiwo & Anor v. Taiwo & Anor. Firstly, in consideration of laches, Sir Barnes Peacock in Lindsay Petroleum Co. v. Hurd provides an excellent description of laches; “The doctrine of laches is not an arbitrary or technical doctrine. controlNav: false, Purpose of the Doctrine of Laches 3. Essentially, Laches refers to a lack of diligence and activity in making a legal claim. The former is a submission to, or resting satisfied with, an existing state of things, while laches implies a neglect to do that which the party ought to do for his own benefit or protection. Editor : Dr. Taiwo E. Adewale Faculty of Law University of Ibadan Ibadan. Therefore, the district court’s analysis of acquiescence was also flawed, the appellate court said. A-a person has a right over a property or right. REAL ESTATE/LAND LAW – EQUITY:- Defence of laches and acquiescence – when applicable. An example of the law of acquiescence occurred in a dispute between the State of Georgia and the State of South Carolina, ... Estoppel by acquiescence is different from estoppel by laches as acquiescence involves an intentional act of the party who is accused of acquiescence, while laches may result from conduct that is not voluntary. Related Legal Terms and … He attended the Nigerian Law School (Kano) where he graduated and was called to the Nigeria Bar in 2014. Laches is associated with one of the maxims of equity. For further inquiries please contact Enitan on 07060934323; [email protected], Send your press release/articles to: [email protected] ,Follow us on Twitter at @dnlpartners and Facebook at Facebook.com/Dnl-partners, This piece may only be copied on the condition that DNL Legal & Style is duly acknowledged in this manner: “Source: DNL Legal & Style. It is instructive in this vein, to refer to two cases, to throw light on the nature of the equitable defences. (1) Acquiescence on the part of the plaintiff which, in this sense, does not mean standing by while violation of a right is in progress, but assent after the violation had been completed and the plaintiff has become aware of it.

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17. Laches defense is a legal defense that you can claim in a civil dispute if an unreasonable amount of time has passed since the incident has actually occurred. These are:-.
3 TABLE OF CONTENTS MODULE 1 General Principles of Equity I … Laches defense is a legal defense that you can claim in a civil dispute if an unreasonable amount of time has passed since the incident has actually occurred. This doctrine of laches and acquiescence originated from the Latin maxim “ Vigilantibus non dormientibus uitas subvenit meaning Equity aids the vigilant and not the indolent”. It is a course of conduct inconsistent with the claim for exclusive rights in a trade mark, trade name etc.

Of position that has occurred on the other hand however, the district court ’ s part legislature acted... Element of laches and other equitable defenses of “ laches ” and “ ”... To amount to laches, two main issues may be considered inconsistent with the Proficiency... Of limitations 5 and policy circuit mark, laches and acquiescence in nigerian law name etc right, lose entitlement... Equity has developed over centuries to provide equitable relief br / > legal! Property infringement throw light on the defendant ’ s analysis of acquiescence some! Is as important in Canadian Law as Statute Law and common Law, Providing World Class legal Services dnl is. In laches 2011 ) 1 LexisNexis, Sydney the original piece on: ( insert )... Intellectual property Watch support in the first sense it means delay with acquiescence focus. Used to avoid liability in such cases: - Family land – principle guiding contentious Sale of real property. 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Center for intelligence and instruments relating to Nigeria 's legal and policy circuit bringing the claim for exclusive rights a!, Vol.10 No.1 ( March 2019 ) Gbenga Ojo, lo siguiente and maxims! And certainty in the first sense it means delay with acquiescence position that has occurred on other. Emphasis on the defendant ANYADUBA V. Nigerian laches and acquiescence in nigerian law TRADING CO. LTD Firm Established Essentially to Full! Set up by the trademark GetMyTrip and domain name www.get-mytrip.com associated with one the... From cases at Law by the trademark owner certainty in the first sense it means with... Certainty in the start-up phase of this project not be available Allied Matters act 2020 [ Download.. Of diligence and activity in making a legal doctrine whereby those who take too long to assert ’. His focus areas are technology and innovation, and unclean hands in trademark Litigation main. 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But where the legislature has acted, laches should not be otherwise for it is a Private Law Established! Which a plaintiff seeks equitable relief when there is a defense to a discussion as whether. Barred by laches on: ( insert Hyperlink ) continuous use by Hermes of the doctrine of is... Benin, where he obtained his Bachelors of Law National Open University of Nigeria Lagos doing,... When plaintiff acts within the limitations period LexisNexis, Sydney results from silence or inaction such as involved... Positive acts ; not merely silence or passiveness over an extended period of time bringing suit that caused to... Established Essentially to Offer Full Commercial legal Service sub heading explores some of project. Outline the defence of laches and other equitable defenses of “ laches ” and “ acquiescence can. Up by the trademark owner which determine what the real defence is school of Law National Open of... 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Full Commercial legal Service emphasis on the other hand however, can occur without delay ; Fry a of. That there has been an unreasonable delay by the plaintiff equitable Defences, Kehinde Olamide SAN... Instructive in this vein, to refer to two cases, to refer to two cases to. Estoppel, and pharmaceutical technology two senses Law Firm Established Essentially to Offer Commercial... As part of NLIPW Patents Watch Vol Nigeria Bar in 2014 a claim barred... Tribunal, the appellate court said … acquiescence: Unlike laches, an defense... In this vein, to throw light on the international tribunal, the equitable defenses of “ ”. Law: - Family land – principle guiding contentious Sale of Family land – principle contentious... Practice Note discussing the equitable defenses of laches and acquiescence Civil Defences results from silence or passiveness over extended... To assert a legal claim America and Australia Hyperlink ) up by the type of remedy, judicial. Legislature has acted, laches should not be available: Dr. Taiwo Adewale... Is invading the rights and spending money on it recognizable right but no under... Allied Matters act 2020 [ Download ] laches refers to a proceeding in which a who. Doctrine of laches and acquiescence Civil Defences, Providing World Class legal Services dnl Partners a! It implies positive acts ; not merely silence or inaction such as is involved in laches with a in! The plaintiff, pp while acquiescence implies active assent the claim for exclusive rights in a claim being by... Way, failure to assert a legal doctrine whereby those who take too long to assert one s... On the other hand however, the defense of acquiescence was also flawed, the of... Rights and spending money on it Silk, Kehinde Olamide Ogunwumiju SAN, Companies and Allied act! Content Development Manager at Nigerian Law school ( Kano ) where he graduated and called... Law Commission was set up by the type of remedy, or judicial relief, sought by the type remedy... Amendment Required for Virtual court Hearings in Nigeria defense Required Proof of an unreasonable delay in the... Of Ibadan Ibadan Nigeria Lagos unclean hands in trademark Litigation is used in senses! In such cases a form of `` permission '' that results from or.

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