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Oche Drags Nigerian Breweries to Court over Alleged IP Theft, Demands N1.5Bn
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Paul Oche, an Abuja-based Nigerian, has filed a N1.5 billion suit against the Nigerian Breweries Plc over alleged intellectual theft.
Oche, in a suit filed before Justice Binta Nyako of the Federal High Court, Abuja, is claiming a sum of N1 billion as aggravated and exemplary damages against the company for unlawfully, capriciously, maliciously and contemptuously infringing on his copyright in the intellectual literary work, titled; “The Amstel Factor; an Amstel Malta Guide on How to Be the Best You Can Be.”
In the suit instituted through Paul Ekweume, his counsel, the plaintiff is also claiming another sum of N500 million as general damages over unlawful use of his copyright.
Besides monetary demands, the plaintiff sought for an order of perpetual injunction, restraining the defendants, their agents, servants and privies from further infringing by way of unlawful use, adaption and derivation on his copyright.
While the Nigerian Breweries PLC is the 1st defendant, DDB South Africa, Mr Samsomp Oloche and Heineken BV Netherlands are 2nd to 4th defendants respectively.
In his statement of claim, Oche averred that he authored the Amstel Factor Book as well as a proposal and power point presentation made to promote the Amstel Malta drink brand.
As part of efforts to promote the Amstel Malta brand in Nigeria, the plaintiff claimed that the brewery launched a new credential campaign sometimes in 2016 with the slogan: “Why Add More” and published it on all its social media forums, websites and bill board adverts as well as videos and graphic designs based on the campaign.
He further claimed that he spent several years engaging in various intensive academic researches and eventually gathered the necessary materials which culminated into his writing a book: “The Amstel Factor, An Amstel Malta Guide on How to Be the Best You Can Be;” a proposal and a power point designed to pictorially and graphically demonstrate his works on the electronic media, television and motion pictures.
He said that in 2015, he travelled to the breweries’ headquarter in Lagos and submitted the book and the proposal to the Brand Manager, adding that after the submissions, he waited patiently for a formal invitation by the company to deliver his campaign but was not given acknowledgement of receipt of his book.
The plaintiff said in February 2016, he visited the LinkedIn online profile of one Samson Oloche, the 3rd defendant in the suit, who at the time was the Consumer and Market Intelligence, Digital and Media Manager of the company.
He further averred that he informed the said Oloche how he submitted a proposal in 2015 to Amstel Malta Brand Manager but did not receive any response, adding that the 3rd defendant provided him with his email address, where he then forwarded the power point presentation and proposal and that he got a promise that the right person in the breweries would see and evaluate his work.
He stated that in 2016, he stumbled upon a new Amstel Malta campaign online tagged: “Why Add More.”
He added that without seeking his permission, the breweries used his literary work in the brand campaign and refused to give credit to his work.
Oche further stated that a complaint was lodged with the Nigerian Copyright Commission (NCC) and that series of meetings were held during which the 3rd defendant admitted receiving Amstel Malta Brand campaign proposal and power point presentation but later claimed to have deleted the materials and that he did not submit it to the appropriate authority.
At the mention of the case on Tuesday, the plaintiff, through his counsel, Ekweume, said he filed a motion on notice for an Interlocutory Injunction, restraining the defendants from further use of his copyright in the activities of the giant brewery lined up for the year.
Although counsel to the 1st, 3rd and 4th defendants, Amina Ibrahim, said she had not been served with the motion, the claim was found to be false.
Joseph Osayande, counsel to the 2nd defendant, who admitted service of the motion on Dec. 4, asked for time to respond.
Following bitter complaint on the alleged continuous infringement of the copyright and the refusal of the respondents to admit responsibilities, Justice Nyako ordered status quo to be maintained by parties in the suit.
She noted that issues had been joined in the suit.
The judge, who directed the company to continue the sale of the already packaged branded Amstel Malta, ordered that further campaign on the new branded Amstel Malta being handled by DDV of South Africa be put on hold pending the determination of the main suit.
Justice Nyako got infuriated when Osayande, counsel to DDB of South Africa, challenged the order of status quo, prompting the judge to warn the lawyer and his client against flouting the order of the court.
“If you campaign on the subject matter of this suit, it is contempt of court.
“I will descend heavily on you as a counsel because I have warned you and have cautioned you in the open court on the consequences of prejudicing the court,” she held.
The judge adjourned the matter until Jan. 20 for hearing.
News
TikTok Returns on Apple, Google US App Stores as Trump Delays Ban
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TikTok returned to the U.S. app stores of Apple and Google on Thursday as President Donald Trump delayed a ban on the Chinese-owned social media app and assured the tech giants they would not be fined for distributing or maintaining it.
The popular short video app used by nearly half of all Americans went dark briefly last month, before a law took effect on January 19 that requires its Chinese owner ByteDance either to sell it on national security grounds or face a ban.
The following day, Trump signed an executive order seeking to delay the enforcement of the ban by 75 days, allowing TikTok to continue its operations in the U.S. temporarily.
Although TikTok resumed service after Trump’s assurances, Google and Apple kept the app removed from their U.S. app stores.
TikTok, the second-most downloaded app in the U.S. last year, said on Thursday that its latest app was now available for download.
The delay could have been because Google and Apple were awaiting assurances that they would not be prosecuted for hosting or distributing the app, according to analysts.
Trump’s directive said the companies, which run mobile application stores or digital marketplaces where users can browse, download and update apps, would not face penalties for keeping the TikTok app up and running.
TikTok had more than 52 million downloads in 2024, according to market intelligence firm Sensor Tower.
About 52% of its total downloads were from Apple App Store, while 48% were from Google Play in the U.S. last year, Sensor Tower said.
The law that requires ByteDance to sell TikTok’s U.S. assets or ultimately face a ban was signed by then President Joe Biden last April, triggered by national security concerns and fears that China could use the video-sharing app to spy on American users.
The U.S. has never banned a major social media platform and the law that passed last year gives the government sweeping authority to ban or seek the sale of other Chinese-owned apps. Trump said on Thursday that his 75-day deadline on TikTok could be extended.
The turmoil at TikTok attracted several potential buyers, including former Los Angeles Dodgers owner Frank McCourt, who have expressed interest in the fast-growing business that analysts estimate could be worth as much as $50 billion.
Trump has said that he was in talks with multiple people over TikTok’s purchase and would likely have a decision on the app’s future in February.
News
FG Order MDAs to Close Commercial Banks’ Accounts, Enforce TSA Policy
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Federal government has directed all Ministries, Departments, and Agencies (MDAs) operating in states to close their accounts with commercial banks and fully comply with the Treasury Single Account (TSA) policy.
![FG Order MDAs to Close Commercial Banks’ Accounts, Enforce TSA Policy](https://i0.wp.com/www.nigeriacommunicationsweek.com.ng/wp-content/uploads/2025/02/AGF.jpg?resize=553%2C245&ssl=1)
Dr. Oluwatoyin Madein, accountant-general of the Federation,
The directive was issued by Dr. Oluwatoyin Madein, accountant-general of the Federation, during a working visit to the Federal Pay Office in Benin, Edo State.
This was disclosed in a statement released on Thursday by Bawa Mokwa, director of Press and Public Relations at the Office of the Accountant-General of the Federation.
Reaffirming the government’s commitment to the TSA policy, Madein warned that no MDA should operate accounts with commercial banks unless expressly approved by the President and officially communicated by her office.
The statement reads:
“While reiterating the Federal Government’s commitment to the Treasury Single Account policy, the Accountant-General of the Federation urged the Federal Pay Officers to monitor and ensure that Ministries, Departments, and Agencies in the States do not operate any account with the commercial banks or circumvent any provision of the TSA policy.”
She further stressed that any exceptions must follow strict guidelines, requiring presidential approval and formal communication from the Office of the Accountant-General.
Madein also tasked Federal Pay Officers (FPOs) with ensuring compliance, upholding transparency, and maintaining professionalism in their financial operations.
She warned against actions that could undermine the integrity of the Federal Treasury and emphasized the need for accurate financial record-keeping.
As part of ongoing reforms, she revealed that the Federal Government is constructing new Federal Pay Offices in some states to address infrastructure and operational challenges.
She assured that her office remains committed to the welfare of its personnel while enforcing compliance with financial regulations, including the Public Procurement Act and the Constitution.
Her visit to the Benin Federal Pay Office was part of a nationwide tour to assess the operations and challenges of Federal Pay Offices across the country.
News
NBRDA Investigates Biocatalysts for Bioethanol Production
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National Biotechnology Research and Development Agency (NBRDA) is investigating the development of biocatalysts from underutilised bioresources through its Young Researchers Forum (YRF) research group for bioethanol production.
Prof. Abdullahi Mustapha, director general, NBRDA sated this in an interview conducted in Abuja on Wednesday
Biocatalysts, which can be either bacteria or enzymes, are biological entities that accelerate chemical reactions.
An alcohol-based fuel derived from renewable resources such as plants and algae is called bioethanol. It can be blended with petrol or used in place of it to cut down on petroleum use.
He asserted that bioethanol is crucial and that Nigeria has the means to fully investigate its possibilities, noting that the production of bioethanol will be helpful in setting up bioethanol plants.
“However, the catalyst for the fermentation of sugar to produce ethanol is what we are after, and we have it locally.
“When we isolate the biocatalyst, it is going to be useful in helping to establish a bioethanol factory, which will function very well due to our varying weather conditions,’’ he said.
Bioethanol has similar uses to fuels used to generate other classes of energy like heat, motor power, transportation, and electricity, the NBRDA chief added.
According to him, bioethanol is the most widely used biofuel in modern civilisation, and the process of turning biomass into bioethanol is receiving a lot of attention.
“Biological energies are renewable fuels with minimal pollution and play an important role in reducing greenhouse gas pollution, and one of them is bioethanol, which is obtained from fermentation operations.
“The world’s attention to the use of bioethanol as an energy source is focused on reducing the cost of production and increasing the efficiency of the ethanol industry.
“By consuming ethanol fuel instead of fossil fuels, the amount of greenhouse gas emissions known to be the cause of global warming will be somehow reduced,’’ Mustapha said.
According to the D-G, the creation of the Young Researchers Forum (YRF) demonstrates the agency’s efforts to support nation-building.
He added that young biotech innovators chosen from across the agency’s departments will use the conference as a training ground and launching pad.
The YRF, according to Mustapha, was a manifestation of his wish to establish an institutional framework for mentoring that would close generational divides.
He stated that one of the projects the YRF would concentrate on was the development of biocatalysts for the manufacture of bioethanol.
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