Patent Rights: Supreme Court Beams Rays of Hope For Inventors. The Supreme Court of Nigeria, Abuja, on Monday beamed rays of hope and possibility of legal victory upon an indigenous Nigerian Scientific and Technological Firm. An over thirteen years legal court battle between Mobil Producing Nigeria Unlimited and Comandclem Nigeria Limited over ownership of patent right has recorded various shades of opinions from Nigerians. Okaibe Emmanuel, a rights activist, observed that Mobil’s deceit and unpatriotic dispositions of some Nigerians had over these years of legal battle not left the nation in any progressive perspective. A public critic, Samson Mohamed Aliyu, shared that the actions of the muti-national oil companies and their Nigerian collaborators is on daily basis recording increasing level impunity and must be checked. The lingering legal actions over the years had taken both parties through Uyo Federal High Court, Court of Appeal and currently, the Supreme Court. Information availableto Asaba Post News-Wire has it that as the true and statutory inventors of the Anti-Corrosive Special Paint for Q.I.T, Comandclem Nigeria Limited, was on 5th August 1999, issued Inventor’s patent letter No. RP 13522, by the former President of Nigeria, Chief Olusegun Obasanjo. In a Brief of Argument forwarded to the Supreme Court of Nigeria with code number SC/69/2011, by Comandclem Nigeria Limited, recognized that the Court of Appeal in its judgment delivered on 8th December 2009, decided the issue of the ownership of the contentious patent right certificate NO. RP 13522 of 5th August in favour of Comandclem Nigeria Limited. In the light of the above premise and other legal engagement of both parties, legal issue critics are of the opinion that with patience, raw hard facts, sound legal technicalities Comandclem will smile later. Mobil Producing Nigeria Unlimited had attempted pulling a fast move towards seeking justice through the back door and cleverly, if possible, escapes or control legal conclusions of the legal tussle. The attitude of multi-national oil exploration companies in Nigeria is just too horrible, that at times one begins to wonder the real existence of legal institutions in Nigeria, Comrade Jude Okolo emphasized. The legal team defending Mobil Producing Nigeria Unlimited had almost attempted convincing the Supreme Court at praying for an order to dismiss Comandclem’s appeal. This short cut to justice employed by Mobil Nigeria Producing Unlimited was based on the premise that Comandclem Nigeria Limited on 5th May 2014, filed an appeal seeking to discontinue their appeal. In a Swift response, Comandclem Nigeeria Limited, on 11th August 2014, filed a counter affidavit in support of the application to restore their appeal. Mobil Producing Nigeria Unlimited in their Brief of Argument presented before Supreme Court Justices by their lead Counsel, Eyimofe Atake (SAN), contended that Comandclem Nigeria Limited had under Order 8, Rule 6, sub rule 1 of the Supreme filed a notice with the Court’s Registrar to discontinue further Court hearing. Tunde Aiku (SAN), Comandclem’s lead counsel in an evidence loaded 12 page reply in opposition to Mobil’s motion, with Supreme Court code number, SC/69/2011, prayed the court to set aside the earlier court order dismissing their appeal on 5th May,2014. Eyimofe Atake(SAN) swift legal overtures to persuade the court to commence hearing was cleverly countered by Comandclem’s lead counsel, Tunde Aiku. Comandclem Nigeria Limited won Supreme Court’s approval to stay Court actions on further hearing. Tunde Aiku(SAN) with concrete evidence convinced Supreme Court Justices that the first applicant in the suit, Rev. Dr. C.J.A Uwemedinmo died on 18th July 2014. The five Supreme Court Justices unanimously granted Comandclem her prayers that the name of the first applicant is strike out from the suit as a dead person cannot sue nor be sued. Jubilant staff of the firm, outside the premises of the Supreme Court, who spoke to newsmen expressed appreciation to the leadership of the Supreme Court for dispensing justice equitably, they believed that with this latest development, the Supreme Court has granted them their prayers to restore the previously dismissed appeal for sustained further court hearing. Source:Asaba Post News-Wire
Posted on: Wed, 05 Nov 2014 17:17:43 +0000
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