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AN OVERVIEW OF A RECENTLY DECIDED CASE ON PATENT RIGHT INFRINGEMENT IN NIGERIA
‘INEC CAN’T USE PATENTED BOXES FOR EDO POLL’
An Abuja Federal High Court on Tuesday declared that the deployment of the collapsible transparent ballot boxes used for the 2011 general elections by Independent National Electoral Commission without the consent of the owner of the patent to the boxes was illegal.
In its judgment in a suit filed by an indigenous company, Bedding Holdings Limited, challenging the use of the boxes for the election, the court presided by Justice Adamu Bello, also barred INEC from using the said ballot boxes for subsequent polls, including the July 14 governorship election in Edo State, without first seeking the approval of the patent owner.
The plaintiff had told the court that it had subsisting exclusive and bonafide patent to the collapsible transparent boxes used by INEC for the conduct of the 2011 polls, and that the electoral body failed to recognize its rights.
Bedding Holdings which specializes in general fabrication and manufacture of metal products, maintained that the collapsible transparent Ballot Boxes were among many of its innovations, which were registered with exclusive patent right issued to it by the Registrar of Patents in the Federal Ministry of Commerce and Industry.
The plaintiff, through its lawyer, Mr. John Okoriko, told the court that INEC had through fraudulent and falsely contrived documents, obtained the ratification of the FEC for the award of the contract for 150,000 units of the collapsible transparent ballot boxes without its prior consent, licence and authority, being the rightful owner of the of the patent and copyright design.
As a result, the plaintiff had urged the court to hold that the contract as well as the use of the boxes in utter disregard to the plaintiff’s patent rights was contrary to the provisions of Section 6 (1), 19 and 25 of the Patent and Design Act, Cap P2 LFN, 2004.
Delivering judgment in the matter, Bello upheld the claims of the plaintiff and also declared illegal a parallel patent issued to EMCHAI Ltd. for Envopak Ballot Boxes purportedly by the Ministry of Commerce and Industry in 2006.
SOURCE: PUNCH NEWS PAPER
DATE: 06/06/2012
COURT DECLARES INEC BALLOT BOXES CONTRACT ILLEGAL
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A Federal High Court, Abuja, yesterday declared the contract awarded for the supply of collapsible transparent ballot boxes to EMCHAI Limited by the Independent National Electoral Commission (INEC) as illegal, null and void.
Justice Adamu Bello said the company does not have the patent right over the product, as insinuated.
He said the plaintiff, Bedding Holdings Limited, has proved that it owns the original patent right issued to it by the Registrar of Patents in the Federal Ministry of Commerce and Industry.
His decision fol;lowed the failure of the defendants to enter defense in the suit, despite being served through substituted means.
The defendants are: The Registrar of Patents, Federal Ministry of Commerce and Industry, Emchai, Tambco United Limited, Anowat Project and Resources Limited, the Attorney-General and Minister of Justice, INEC and its Chairman, Prof. Attahiru Jega.
Justice Bello struck out the name of the Justice Minister as the fifth defendant to the suit on the grounds that his office was not affected by the reliefs the plaintiff was seeking.
The judge held that the affidavit evidence and facts adduced to by the plaintiff are deemed admissible since they were not controverted by the defendants.
He also held that the patent right of the plaintiff on the ballot boxes took priority for and over the subsequent registration issued to EMCHAI.
Justice Bello said: “Any action or actions whatsoever and howsoever taken or purported to have been taken by the defendants relating to the said products without the prior and express leniency, consent, authority and/or approval of the plaintiff is unconstitutional, illegal, unlawful and is therefore null and void.”
He barred the defendants and any other person from infringing on the exclusive rights of the plaintiff over the patent and designs.
The plaintiff had approached the court, saying it had subsisting exclusive and bona fide patent right to the collapsible transparent boxes used by the INEC for the conduct of last year’s polls.
Bedding Holdings, which specializes in general fabrication and manufacture of steel metal products, said the collapsible transparent ballot boxes were among many of its innovations that were duly registered with exclusive patent right issued to it by the Registrar of Patents in the Federal Ministry of Commerce and Industry.
The certificate of registration of the patent right number RP 12994 and registration of industrial designs rights number RD 5946 on the boxes were issued by the ministry to the plaintiff on January 12, 1998, for five years.
It was renewed and extended till January 12, 2003 and extended again till January 12, 2008, to expire in 2013.
The plaintiff accused INEC of violating its rights by failing to seek its approval and consent before awarding the contract for the procurement of the boxes, used in last year’s general elections.
SOURCE: THE NATION NEWSPAPER‎
DATE: 06/O6/2012
SUMMARY
(1) The consent of an inventor must be obtained before anybody can make use of his patented invention. In case of CCNL versus Mobil Oil, where is the license issued by THE KING to Mobil to use anti-corrosive special paint?
(2) CCNL is the first to invent and the first to file patent documents with the appropriate statutory regulatory authority (Ministry of Commerce and Industry). Mobil Oil only infringed.
(3) Only the company that invents has the statutory right to issue licenses to other companies to manufacture, store and use the patented invention in question.


NAME: YUSUF NURUDEEN (AAT, ACA)
POSITION: CCNL MARKETING MANAGER
MOBIL NUMBER: +2347032522248
EMAIL ADDRESS: thepatenteesonlinenewspaper@yahoo.com
TWITTER NAME: CCNL_PATENTEES
FACEBOOK NAME: COMANDCLEM PATENTEES




CCNL FORUM:

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Truly Nigeria is corrupt but we are going to amend it together.
@EFCC, nothing must happen to The Kind and Ajamu.
Do the right thing always.

@EFCC, Nothing must happen to the king.
Do the right thing alwaYs.

@EFCC, Nothing most happen to the king.
Do the right thing alwaYs.

Always tank God in any situation
u marry or dat marry you.
Na we dey use our hands to dey do our self no bi this Oyinbo people.

We use our hands to dey do our self, no bi OYINBO. Happy new month

@Walexy1952, Am perfectly, Strongly, Timely, Unshakeableliasationaliazism with comandclem its just that am busy with comandclem underground. Pls allow them to run their mouth for a while. For great evidence.
Always laugh in my dear language as usual, dont mind those who fake-copy my logo.

TIME SHALL TELL.
DEAR PATENTEE PLS DONT SPEND YOUR COMELY TIME ON MOBIL AGENTS !
Kosi base ma sè ebolo ti ko ni run gbè.
THEY ARE WORKING FOR THEIR STIPEND.
SIMPLE LOGIC.

I WOULD HAVE REPLY YOU, BUT I DON'T INTERACT WITH MOBIL AGENTS.
TRY TO UNDERSTAND MY LITTLE LOGIC.
GOD BLESS COMANDCLEM
GOD BLESS NIGERIA
GOD BLESS PATENTEE
VICTORY IS CE

1,
https://www.youtube.com/watch?v=E3XjVjPE-C8
2,
https://www.youtube.com/watch?v=z_1AQVUjcXo
3,
https://www.youtube.com/watch?v=ogOdMzdoRsE
4,
https://www.youtube.com/watch?v=yGJ2ZvCzYaI
5,
https://www.youtube.com/watch?v=idgAz2xoeGk
6,
https://www.youtube.com/watch?v=O_AmnTgsXnY
7,
https://www.youtube.com/watch?v=gUC9QSS3__g
8,
https://www.youtube.com/watch?v=cjGgKkaVsAk
9,
https://www.youtube.com/watch?v=0A0oSbzgkFQ

1,
https://www.youtube.com/watch?v=E3XjVjPE-C8
2,
https://www.youtube.com/watch?v=z_1AQVUjcXo
3,
https://www.youtube.com/watch?v=ogOdMzdoRsE
4,
https://www.youtube.com/watch?v=yGJ2ZvCzYaI
5,
https://www.youtube.com/watch?v=idgAz2xoeGk
6,
https://www.youtube.com/watch?v=O_AmnTgsXnY
7,
https://www.youtube.com/watch?v=gUC9QSS3__g
8,
https://www.youtube.com/watch?v=cjGgKkaVsAk
9,
https://www.youtube.com/watch?v=0A0oSbzgkFQ

(1) MY DETENTION BY EFCC IS A SIGN OF VICTORY: I have legally dealt with Mobil Oil in the Supreme Court of Nigeria, UWEMEDIMO declared.(Page 2)
(a) When and where was THE KING arrested?
(b) Who master-minded the arrest of THE KING?
(c) When was the statement and particulars of offences of THE KING dated?
(d) How many hours THE KING was detained before arraigned?
(e) What do you expect to take place on 25th and 26th of June, 2012 at HIGH COURT OF LAGOS STATE, IKEJA?
(2) CCNL WILL FLOOR EFCC IN COURT,
REV JESSE-DANIELS ONUIGBO ESQ(Page 7)
(a) What are the comments of CCNL Legal Counsel on the illegal detention of THE KING before arraignment?
(b) Why the 73 days delay of Barrister BEN UBI of EFCC to carry-out the arrest of THE KING suspicious?
(c) Why CCNL Legal Counsel is not ready to have an interview with a journalist on pending litigations in courts?
(3) SHOW SAMPLES OF YOUR PATENTED INVENTION IN COURT, mpnu legal counsel requested ccnl(Page .
(a) What must have prompted legal counsel of MPNU to request for a sample of anti-corrosive special paint, an invention which MPNU claimed belonged to them by virtue of section 2(4) of PATENT AND DESIGN ACT?
(b) Is the request for the sample of anti-corrosive special paint before the court for determination at any point in time?
(c) Can the Legal Counsels of MPNU tell us that they don`t use and know anti-corrosive special paint MPNU import from Holland?
(d) Can the Legal Counsels of MPNU tell us that they don`t use and know anti-corrosive special paint MPNU paid for?
(e) If actually MPNU commissioned THE KING to invent anti-corrosive special paint, can they turn around and request for what they produce millions of barrels and market to the world?

(4) EFCC, A VIRUS IN THE ADMINISTRATION OF JUSTICE IN NIGERIA, a case study of CCNL.(Page 5)
(a) What are the ways EFCC staff extort money from innocent detainees in their custody?
(b) How oppositions in litigation bribed EFCC staff to destabilize the other party?

(5) EFCC STAFF ARE CORRUPT,
LAMORDE CONFIRMED. (Page 10)
(a) Why is the EFCC Chairman bold enough to say this?

(6) I AM UNSHAKABLE, Prince Ajamu Declared. (Page 6)
(a) The unshakable PRINCE AJAMU SUNDAY reacted to his 144 hours detention without arraignment.

www.nigeria.myinternetforum.com/index.php/topic,5335.msg12622.html#msg12622

Tomorrow...

Still collating the facts and figures. Nothing to dey worried about.

nothing to be recon with .
all those thing are signs of intimidation.
soon enough you will hear nothing about it.

there is publication about the supreme court case against mobil Nigeria unlimited and others inf-ringers!
why ?