Court Rules Against Bastardising AIDS Drug

By Pegue Manga

Justice Bartholomew Ekenya Fonjock of the Fako High Court, April 16, quashed a motion filed by Dr. Edward Fai Fominyen Ngu, Dr. Thompson Kinge and their German partners; Gerd Ludwig and Uwe Westerwinter, urging the court to lift an injunction it slammed on them on August 5, 2004, stopping them from marketing and distributing AUREA Cento 100, an anti-retroviral drug.

Batiston Ikome Lyonga, of WELU Enterprise Limbe, who said he had the patent right to distribute the drug, had filed a suit against the four applicants for breach of contract, negligent misrepresentation and loss of income. Lyonga also sought and obtained an injunction prohibiting the distributing and marketing the drug.

It was this injunction that Barrister Gilbert Tangunyi, Counsel for Fai and Kinge, had urged the court to set aside. Tangunyi had argued that AUREA Cento, which his clients are marketing, is the same as AUREA Cento 100. He also averred that his clients have the patent right to market the drug, adding that they have registered the drug under the African Intellectual Property Rights. 

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But Justice Fonjock in his ruling questioned why "the applicants instead of pressing to prove their patent right over AUREA Cento 100 are pressing and proceeding to promote another name, viz AUREA Cento."

The judge said from the observation, "the court is of the opinion that the drug AUREA Cento 100 was patented to Batiston Lyonga and it is for this reason that the applicants schemed to seek patent over a name that would give them a leeway to market a bastardised version of the drug by slightly varying the appellation from AUREA Cento 100 to AUREA Cento." He said the applicants are attempting to market the drug through a different company set up by Dr. Fai Fominyen.

Fonjock maintained that if the monopoly of control, management and marketing and distribution of the drug is not limited to Lyonga, "a greater damage will be created as free-for-all bastardised versions of the drug will be flooded into markets to the detriment of HIV patients in Cameroon in particular and worldwide."

The judge said the court was satisfied that Lyonga had fulfilled all the requirements for the grant of the injunction order by establishing a prima facie case. He said Lyonga would suffer irreparable damages if the court lifted the injunction before hearing of the substantive suit.

"The court found no better remedy than the making of those orders pending a full hearing of the substantive matter," the judge held.
He said Dr. Fai and Kinge have not shown that the court was under any misapprehension.

"I am satisfied that I was under no misapprehension in making the orders sought to be set aside," said the judge. He noted that Lyonga spent money to go through the procedure of registering WELU Enterprise Limbe through which AUREA Cento 100 would be marketed.

He also acknowledged that Lyonga sought and obtained the certificate of efficacy from the Centre for the Study and Control of Communicable Diseases, CSCCD.

Fonjock stated that Lyonga suffered enormous damages when the Minister of Public Health suspended the launching of the drug.

Comments

[Mbu. B]

Congrats Batiston! Some said you`re suffering from intellectual paralysis because you didn`t have as many diplomas as they do, just to market a drug. To others, you were too dubious to even breath around them. You did a nice thing sucking some of the `dot` that the neocolonialist extract from us everyday.
We might like to know Batiston understands prominent scholars/scientist can test an anti-retroviral drug and issue a certificate of efficacy before he takes it to the market.
He also understands, when his rights are seemingly tampered he can get a good lawyer.
I hope most of us will retract from saying all the mess we did about him, as he`s done what the very intelligent `you` might not have been able to do.

[Joe Aghem]

If I recall correctly, the Post literarily called this guy a feyman for standing up for his rights; a view echoed by the usual Cameroonian crowd lost in the Diaspora who do not want to see people make progress in the lives.

The Faymen in this case are the "big book" Doctors who thought they could dupe the "illiterate" "drug peddler".

A lesson for all those who comment on stories without any thought.

[Colinza Coolman]

Dear Brothers of the Media
It's my considered opinion that Batiston Lyonga Ikome is not acting in that air. He probably knows where he's driving to. I extend to him my hearty congratulations for the great victory.
We men are wretched things. I know many friends of the said Mr. Batiston Lyonga were his primary critics. Most of them are the so-called buddies in diaspora. No motive for the course, but for spite and jealousy.
Mr. Lyonga keep on! Don't be afraid of criticisms, instead take them as challenges and fortification. Your enemies will be put to shame at the end of the day. Good luck!
Coolman.

[ngassa o]

kinge sleeps with the mother.the family has a curse so will not thought seeing him in court.fai left school in form two in cpc bali.