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OLPC: Nigeria's Registrar Finds No Proof KONYIN Registration Was Extended

By Pamela Jones et al.

I have some news for you regarding the litigation against OLPC in Nigeria. It seems the litigation, ostensibly regarding an allegation of patent infringement, is based on an expired design registration.

The Registrar for Trade Marks, Patents & Designs at the Federal Ministry of Commerce and Industry has just sent OLPC Nigeria's law firm, Kusamotu & Kusamotu, a letter [PDF] in response to an inquiry as to whether the inventors of the KONYIN keyboard had gotten an extension to their design registration or if it had expired. After investigation, the Registrar's representative, Chinyerr Agbai, says that there is "no evidence of the extension of the Design in the Registry's record" leading it to "conclude that the certificate of extension of Design does not exist."

And yet the plaintiffs submitted a piece of paper that they swore was an extension. Is it a fraud, then? We'll find out soon, because this new letter will be filed by OLPC Nigeria with the court shortly. That should be the ball game, but in a Nigerian court, it's hard to predict outcomes.

Full post as published by Groklaw on March 09, 2008 (boomark / email).