Business
Commandclem, Inventor of QIT Paints, Says Appeal Court
The Court of Appeal has ruled that Dr. Clement Uwemedimo of Commandclem Nigeria Limited is the statutory inventor of the Anti-Corrosive Special Paint for QIT (Transteel Blue, White Enamel) used in the production of crude oil, condensate, liquefied natural gas and other products.
In a judgement delivered by Justice Kumai Bayang Akaahs, the Appeal Court, Calabar Division, held that on the basis of Section 2 of the Patents and Designs Act Cap 433, Laws of the Federation of Nigeria, 1990, the right to a patent in respect of an invention is vested in the statutory inventor, that is to say, the person who, whether or not he is the true inventor, is the first to file, or validly to claim a foreign priority for a patent application in respect of the invention.
Justice Akaahs said the evidence adduced by Dr. Uwemedimo and Commandclem Nigeria Limited dates back to 1980 when the right to sue on the patent had accrued, noting that any infringement by the respondents or any other person will be actionable at the instance of the appellants starting from August 5, 1999 when the patent was registered by the Federal Government of Nigeria.
He said: “The learned trial judge was right to hold that at the time the defendant was said to have infringed plaintiff’s patent in the early 1980s, the plaintiffs did not have any patent to be infringed.
The plaintiffs only obtained their patent No. RP 13522 on August 5, 1999. At the time the Court of Appeal ruled that the claims in paragraph 29 (iii) (iv), (v) and (viii) of the Amended Statement of Claim were not affected by the Limitation Law, there was no consideration of the evidence to be adduced. If the evidence sustaining the reliefs fell between 1999 and 2001, the action would be maintained. “I am of the view that the respondent can enjoy the benefit created by S.2(4) of the Patents and Designs Act when a contract was subsisting between the parties at the time of the invention.”
On the issue of agreement between Dr. Uwemedimo or CommandClem Nigeria Limited and Mobil Producing Nigeria Unlimited, to pay to Uwemedimo US$2.00 per barrel for every petroleum product produced by Mobil Producing Nigeria Unlimited, Justice Akaahs held that the law does not require that every contract must be in writing unless it is a contract made under seal or it is required by statute.
He said: “If indeed there was any verbal agreement made by the defendants (Mobil Producing Nigeria Unlimited) to pay the sum of $2.00 for every barrel of crude oil produced, the plaintiffs (Uwemedimo) were too hasty in making their “invention” known within so short a time between the first contact by the first plaintiff with the defendants on May 2, 1980 and the research results on June 26, 1980 as chronicled in exhibit 8A.
Justice Akaahs ruled that he did not agree that an agreement to pay $2.00 per barrel of every petroleum product to the plaintiffs would necessarily be against public policy.
He said: “There is no evidence to presume that the agreement being envisaged was to circumvent the provisions in the Petroleum Act or that it will prevent Mobil Producing Nigeria Unlimited from paying royalties to the Federal Government. An agreement freely entered into by the parties will be enforceable unless the agreement will facilitate the commission of a crime or breach any law.”
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Blue Economy: Minister Seeks Lifeline In Blue Bond Amid Budget Squeeze

Ministry of Marine and Blue Economy is seeking new funding to implement its ambitious 10-year policy, with officials acknowledging that public funding is insufficient for the scale of transformation envisioned.
Adegboyega Oyetola, said finance is the “lever that will attract long-term and progressive capital critical” and determine whether the ministry’s goals take off.
“Resources we currently receive from the national budget are grossly inadequate compared to the enormous responsibility before the ministry and sector,” he warned.
He described public funding not as charity but as “seed capital” that would unlock private investment adding that without it, Nigeria risks falling behind its neighbours while billions of naira continue to leak abroad through freight payments on foreign vessels.
He said “We have N24.6 trillion in pension assets, with 5 percent set aside for sustainability, including blue and green bonds,” he told stakeholders. “Each time green bonds have been issued, they have been oversubscribed. The money is there. The question is, how do you then get this money?”
The NGX reckons that once incorporated into the national budget, the Debt Management Office could issue the bonds, attracting both domestic pension funds and international investors.
Yet even as officials push for creative financing, Oloruntola stressed that the first step remains legislative.
“Even the most innovative financial tools and private investments require a solid public funding base to thrive.
It would be noted that with government funding inadequate, the ministry and capital market operators see bonds as alternative financing.
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