Lawyer George William Alenyo has asked Court to direct Prof Patrick Ogwang, the investor of Covidex to surrender all the revenues accrued from the sale and distribution of the drug because he is not the lawful owner of the brand.
He also wants the High Court in Kampala to declare that Covidex drug is a registered brand for the government of Uganda having been developed from its funds, premises and laboratories by public servants paid from the consolidated fund.
Alenyo is also seeking for an order stopping Prof Ogwang from claiming ownership over Covidex drug and also to direct UNBS to correct its proprietorship record in standardisation records and protocols of the drug.
In the case before the Court, Alenyo sued Covidex drug manufacturer, Prof Ogwang for allegedly applying for a personal name and obtaining clearance from the National Drug Authority (NDA) to sell and collect revenue from a drug developed at the government facilities.
Alenyo filed the case jointly with the Cristian Chamber of Commerce, Agriculture, Trade and Tourism in the Kampala High Court claiming that Prof Ogwang’s action to attempt to own a government patent on Covidex in trust for the people of Uganda is unlawful and that he ought to be condemned to general damages.
Prof Ogwang is issued jointly with National Drug Authority (NDA), Uganda National Bureau of Standards (UNBS), National Environment Management Authority (Nema), National Forestry Authority (NFA), Mbarara University of Science and Technology (MUST), and Uganda Registration Services Bureau (URSB).
Others accused included Pharmaceuticals Society of Uganda, Jena Herbals Uganda Limited, Uganda Revenue Authority (URA), National Chemotherapeutics Research Institute (NCRI), Uganda Wildlife Authority (UWA) and the Attorney General (AG).
Alenyo claims that NDA did not execute its legal duty to due diligence to establish the true proprietorship of Covidex drug while UNBS did not establish a standardisation framework with the government.
He alleges that URSB must correct the Intellectual property registry of covidex to read the people and government of Uganda and not Prof Ogwang or Jena Herbals Uganda Limited.
He also wants the court to order AG to enforce the proprietary, patent and intellectual rights of the people and government of Uganda over all vaccines, drugs and medicines developed upon funding of the government and in the premises.
According to the complaint, the AG is sued for representative action in vicarious liability for acts and omissions of government officials where the ministry of finance omitted to ensure that Covidex funds and revenue are placed on the consolidated fund.
It is said that Accountant General’s department failed to institute accounting system to collect and receive Covidex revenue.
“The AG for abdicating its role to ensure a constitutional enacted legal framework for government’s share in Covidex proceeds. Public Service Commission in failing to regulate civil servants abusing their offices, government protocols and facilities for their personal benefit,” reads the court document.
The court now has summoned the thirteen parties to defend themselves against the accusations within 15 days.
“Should you fail, within the said period of 15 days to file a defence, the suit shall be heard and judgment shall be given against you in your absence,” the court summons read.