Bibliographie sélective OHADA

This work considers two broad aspects of consumer law, namely, substantive and practical protection of consumer rights. The former examines the law on consumer protection as contained in the statute books and judicial decisions. The latter deals withthe law in practice. This considers the practical implementation of the various laws on consumer protection by the operative agencies. It also examines the practical effects of these laws on the level of consumer protection. The work is divided into ten chapters.Chapter one gives a survey of consumer protection in different jurisdictions. It also states the research problems, objectives of the study, hypotheses, scope, signi ticance of the work, conceptual frame work and literature review.Chapter two discusses the methodology adopted in this work. Chapter three considers the laws gov.erning dealings in regulated products. These products are food, drugs, cosmetics, medical devices, bottled water, chemicals and hazardous products. It is seen from this chapter that the law makes reasonable provtsfc;ns on the control of regulated products. In contrast, the level of practical protection bas remained low due to weak enforcement system.Chapter four examines the laws which impose further restrictions on dealings in drugs. This reveals that the law adequately controls dealings in drugs . But like the case of laws considered in the preceding chapter, implementation of the statutory provisions remains a problem.Chapter jive examines the functions and activities of the Standards Organisation of Nigeria whose duty it is to prescribe and ensure compliance with product standards. Like the cases of the agencies discussed in the previous chapters, a major problem facing the organisation is the ineffective implementation of its standards.Chapter six discusses the civil liability of an offender to the victim. This chapter reveals that a person whose product causes injury to the person or property of another, is civilly liable to that other person. His liability is without prejudice to his criminalliability. Chapter seven examines the course of action open to a claimant who is not in privity of contract with the defendant. This chapter reveals that such a claimant can sue in the tort of negligence. But his chances of success are greatly limited by the restrictive meaning accorded the term "product defect" in tort law. Proof of negligence also constitutes an almost insurmountable obstacle. The chapter concludes that as a way of getting round the problem of proof of negligence, there is need to introduce strict product liability in selected cases particularly in the fields of pharmaceuticals and articles of food. Chapter eight examines the contractual rights of a consumer/purchaser. This chapter shows that action in contract is of immense benefit to the claimant because he does not have to prove negligence on the part of the other contracting party. In addition, liability is strict since an exercise of due care will not absolve the offender. But this course of action is of limited application because it is not available ta a consumer who is not also the buyer of the product. This chapter concludes like the preceding one that the only solution ta the basic contract requirements is the introduction of strict liability in selected areas. Chapter nine analyses the data on the practical implementation of consumer laws, while chapter ten summarises our research findings and proffers some suggestions.

Little attention is paid to the civil remedies available when infringement of a trade mark or the right to goodwill occurs. Yet, for the owners of ~uch rights, these remedies are of much greater importance than theoretical considerations regarding the nature of the rights or what constitutes their infringement. This thesis analyses the civil remedies for trade mark infringement granted by the South African Trade Marks Act 194 of 1993. In the South African context, any consideration of civil remedies is rendered problematic by the attempted graft of English remedies onto a legal system with a different common-law background. It is, therefore, essential first to trace the English origin and application of these remedies, and then to determine whether each remedy is acceptable in terms of the South African common law. This is necessary, as our courts have previously rejected or adapted English remedies which were unknown to our common law but which Parliament introduced in legislation. The remedies of interdict (or injunction) in final and interlocutory form, compensatory damages, reasonable royalties, and delivery up are analysed from a substantive law and a procedural perspective. The procedural innovation of an inquiry as to damages is also considered. In respect of each remedy, (1) the English roots and development of the remedy are traced; (2) differences of approach in two other Commonwealth jurisdictions, Australia and Canada, are highlighted; (3) the development of the South African equivalent is detailed; and (4) suggestions for the future implementation of the remedy in South Africa are made. In the penultimate chapter, our common law and legislation (including the Constitution of the Republic of South Africa 108 of 1996 ) are measured against the requirements of the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS). Recommendations for the effective utilization of each remedy in South Africa are then made. They include suggestions for legislative amendment in respect of delivery up and an inquiry as to damages, and the introduction of statutory damages as an further civil remedy.