A Keetmanshoop resident is asking the High Court to temporarily put a stop to the simultaneous use of multiple Aweh products offered by Mobile Telecommunications Company while his suit for compensation is being dealt with.
Since 2020, Willem Gert Eiman has accused MTC of intellectual property theft when it comes to the concept of simultaneously using more than one Aweh product.
Eiman claims he proposed the idea to MTC around 26 April 2017 and in May 2020, the company launched multiple Aweh products based on the idea he had pitched to them. It is his assertion that although MTC has publicly acknowledged his “invaluable advice” he was never justly compensated for his invention despite his demand.
As a result, Eiman says in January 2021, he reduced his idea to a protectable form and obtained a copyright on the literary work titled “Pre-Paid Multi-Period Telecommunications Concept” in February 2022.
In February 2021, he once more forwarded his idea with a proposal to MTC to which the company responded, stating that they were not in a position to conclude a deal with him.
“The defendant is generating substantial revenue from the plaintiff’s concept and the defendant is being unjustifiably enriched at the expense of the plaintiff,” said Eiman in his affidavit.
Thus, in his compensation lawsuit, Eiman wants the court to appoint a registered chartered accountant to look into MTC’s finances starting from May 2020 to date. This he says will help all parties to determine the exact revenue generated by MTC from the concept of multiple Aweh.
He further wants the court to compel MTC to pay him 15% of the revenue made between May 2020 to date. For future income, Eiman wants an order directing MTC to pay him 15% of the total revenue to be made if MTC continues to use the concept.
In its plea, MTC has since denied Eiman’s allegations.
The company denies that Eiman’s idea is a new invention as it has already been there. He was also informed in May 2017 that the company does not implement ideas from members of the public.
“The defendant pleads that the purported invention is not a registered invention as contemplated by the provisions of the Act and as a result, no exclusive monopoly rights apply in relation to the purported invention,” said MTC.
The telecommunications company denies that the product it launched in May 2020 was a result of Eiman’s idea as it was merely an extension of its existing product. Furthermore, he is not entitled to any form of compensation.
MTC has filed a counterclaim asking the court to set aside the decision of Business Intellectual Property Authority (Bipa) to grant Eiman copyright over the “Pre-Paid Multi-Period Telecommunications Product” without him fully being compliant with set-out provisions of the law.
- mamakali@nepc.com.na