THE voter registration exercise scheduled for January, 2011 appears heading for the rocks as a company, on Monday, dragged the Independent National Electoral Commission (INEC), the Attorney-General of the Federation and Minister of Justice and others before a federal high court in Abuja over infringement on patent rights.
In the suit number FHC/ABJ/CS/737/2010, the plaintiff, Bedding Holdings Limited, is seeking an order of interlocutory injunction restraining the defendants/respondents either by themselves or their agents from continuing the process of considering proposals of tendering/bidding for or importing the Direct Data Capture Machine (DDMC) for the compilation, production and use of a voter register in the 2011 general election or any other elections whatsoever, pending the hearing and determination of the substantive suit.
Joined as defendants along with INEC are its chairman, Professor Attahiru Jega; AGF; Haier Thermocool Nigeria Limited; Zinox Computer Nigeria Limited; and some unknown persons.
INEC recently awarded the contract for the supply of thousands of the DDCMs, which are scheduled to arrive the country in December to Zinox Computer Nigeria Limited and other companies.
The plaintiff is claiming that it is the bona fide patentee of two patents, to wit: Proof of Address System Scheme (PASS) and Electronic Collapsible Transparent Ballot Box (ECTBB).
These two products, according to the applicant, would make the process and application of using the DDCMs achievable and thus constituted a violation of the plaintiff’s aforementioned patents.
“Bedding Holdings Limited is not claiming to have patent in and over the voter register nor is it claiming patent in and over the DDCMs per se.
“But the process and application of using the DDCMs to achieve the compilation of the voter register infringe on the two aforementioned patents as described in the full literature and claims of our patents as statutory granted by the Federal Republic of Nigeria.
“This is irrespective of the generic name given to any component/computer/laptop/handled or DDCM for such exercise.
“In as much as the end result is to provide the names, ages, sexes, photographs, addresses, units, wards, town, local governments, states, etc of voters, the process and the combined application of the means of achieving this, infringe on the two patented products/concepts, PASS and ECTBB,” the firm said.
PASS is embedded with a concept of coded metal plate which is used for the collection, collation and registration of people’s bio-data such as their names, addresses, ages, and so on.
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