STATEMENT FOR OUR
TELECOMMUNICATIONS, BROADCASTING AND INTELLECTUAL PROPERTY PRACTICE
MOTOROLA SOUTH AFRICA
Advising on relevant clauses in employment contract.
TV AFRICA/CHANNELS TV –EURO 2000:
Obtaining and enforcing a court injunction against the NIGERIAN
BROADCASTING COMMISSION (NBC), the regulatory agency for
broadcasting. The NBC had
declared that our client, an international service provider, TV AFRICA
based in South Africa was an illegal broadcasting station.
Without the restraining court order, our clients who had acquired
the rights to EURO 2000 and were providing services which enabled their
over 10 Nigerian affiliate NBC licensed broadcasting stations would either
have been closed down or millions of dollars in sponsorship and
advertising revenues would have been lost.
Clearing and advising on all legal issues including tax and copyright
leading to the decision by MNET/MULTICHOICE to come to Nigeria.
Conducting due diligence on partners and assisting with setting them up.
Opinion given enabled clients to negotiate and buy rights to
Advising on piracy issues.
Advising local organising committee on viability of the legal framework
to combat ambush marketing. Based on our advice, the then Head of State of
Nigeria, General Abubakar announced that laws would be changed.
Advising local organising committee on the under – FIFA World Cup
championship on the contract with the Nigerian government especially on
the broadcast rights.
GUINNESS NIGERIA PLC
Advising Guinness on claims by the Nigerian soccer star, KANU NWANKWO
that client had infringed its endorsement and other rights. Based on our
opinion and the draft letter prepared by our firm but which we insisted
should be on client’s letter head, KANU’s lawyers dropped the claims
and the threats of litigation.
CADBURY NIGERIA PLC
Advising Cadbury on claims by ISL, FIFA’s marketing agent that client
had infringed FIFA’s right to WORLD CUP 98 by its promotional advert on
CADBURY’S BOURNVITA. Based
on our draft letter which was on Cadbury’s letter head, ISL/FIFA dropped
the claims and litigation threats.
Advised Dr. Alban, the Nigerian leading pop star based in Sweden on the
use of his music IT’S MY LIFE by NIGERIAN
FILM, TELEVISION AND HOME VIDEO RIGHTS CLEARANCE
Given that we act for some of the major HOLLYWOOD studios, we negotiated
for some of these rights on behalf of clients
NIGERIA BREWERIES PLC
for promoting their brand, LEGEND. There
was an out of court settlement for an undisclosed sum.
CHARLY BOY vs MNET:
Acted for leading Nigerian producer, Charly Boy whose CHRLY BOY SHOW had
been infringed by MNET. Obtained
injunction against MNET and ensured matter was eventually settled.
GUINNESS NIGERIA PLC
We advised GUINNESS on the claims by the Nigerian
Broadcasting Commission NBC, (the regulatory authority for broadcasting)
that it should remove its logo from its GUINNESS TV series.
Acted for ONYEKA ONWENU who staged the first
hunger strike by a Nigerian artiste in front of the Nigerian Television
Authority NTA Lagos to enforce her rights to the use of her music for the
signature tune of one of the NTA channels and for the payment of fees for
repeat broadcasts which NTA has not been paying for over two decades.
Defended suit against client sued by a Nigerian
bank for setting up and hosting a counterfeit web site.
Some Nigerian fraudsters had used our client’s name to set up a
counterfeit web site of a Nigerian bank.
Through administrative means in the United States of America, we
caused the site to be deleted and the domain name locked
COMPUTER SOFTWARE AND HARDWARE SERVICE
Drafting contracts for company providing all the
computer hardware and software service and maintenance of all Guinness
operations in Nigeria.
Drafted the contract for the provision of
equipment and support services for the telecommunication needs of Guinness
SPONSORSHIP AND ENDORSEMENTS:
Drafting endorsement and sponsorship contract
between NIGERIAN BREWERIES PLC and CHARLY BOY for the CHARLY BOY-LEGEND
Arranging, organising and speaking at conferences
on all aspects of this area of our practice.
The last major conference was a four-day conference held at the
Golden Gate Restaurant, Ikoyi in September 20002 in association with the
NIGERIAN COMMUNICATIONS COMMISSION.
Due diligence and perfecting documentation on a
facility of $1.5 Million USD
for a telecommunications company.
Defending a suit against a bank and setting aside
interim injunction against ZENITH BANK on the grounds that the Plaintiff
is not even the copyright owner of the software in question.
ADVISING REGULATORY AUTHORITIES:
We are regularly consulted by a number of
regulatory authorities in the field including the Nigerian Copyright
Commission, the Nigerian Broadcasting Commission; the National Office of
Technology Acquisition and Promotion; the Registry of Trade Marks, Patents
and Designs and sometimes by the National Agency for Food and Drugs
Control NAFDAC and the Nigerian Communication Commission NCC.
on issues pertaining to rights
foreign right holders.
Banks and Multinational companies on outsourcing
computer software companies on procurements, facilities management and
other training contracts
on and advising on a UK litigation on issues of interconnectivity billing
& drafting licenses for channel operators and programme provision and
assisting with setting up & operating a new satellite television and