A federal High Court sitting in Lagos has
adjourned hearing in an N8 billion copyright infringement suit filed against
Ecobank Nigeria Limited till 21 September.
The suit was filed by Rolling Innovations and
Investment Limited and its Managing Director Anthony Osamudiamen.
In a statement of claims (Suit No.
FHC/L/CS/452/2016), filed against bank, the company and Novia, alleged that
their copyright to a suite of computer programmes was breached by Ecobank.
According to the plaintiffs, their
intellectual property, titled "Patient
Specification for Innovation Spend and Save Concept," which consists
of seven programmes, with each suite housing a literary work for which
copyright subsists.
The plaintiffs also stated that between June
2008 and 2010, they communicated confidential information to Ecobank,
concerning the concept during negotiations for a partnership agreement
regarding development and implementation of the scheme.
They further claimed that the said
confidential information for the operation of the concept was communicated to
Ecobank solely for the purpose of negotiation and entering into an agreement
with them for collaboration leading to the use of the bank as one of the
implementation platforms.
In addition, Novia and the company stated
that on 1 January, 2012, negotiations between them and the bank towards an
agreement on technology and marketing collaborations were brought to an abrupt end, with no
agreement reached.
Despite this, the plaintiffs added, the bank,
since February of the same year, has been using the confidential information
for purposes other than which it was provided. As such, Ecobank has illegally
been earning profit via making or authorizing the making of a similar package
with the name, “Save As You Spend (SAYS)
Scheme.” It has also been marketing such as its own version of its “Spend and Save (S&S) Scheme” for which it obtained
information related to its workings and operations. This, claimed the
plaintiffs, amounted to a breach of the obligations of confidence.
As a result, the plaintiffs, while demanding
N8.044billion as compensation, are also asking the court for an injunction
restraining Ecobank or its agents from using the information or any part of it
and from operating or marketing “Save As
You Spend Scheme.”
The plaintiffs also want the court injunction
to restrain Ecobank, its directors, officers, or agents from further infringing
their copyright.
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