The founder of COVIDEX, a herbal remedy for treating Covid-19, has threatened to sue Mbarara University for shs100bn if they don’t back off claiming ownership of his product.
Professor Patrick Ogwang, the founder of COVIDEX, a herbal prescription for treating Covid-19 has promised to sue Mbarara University for shs100bn if they do not back off claiming ownership of his product.
The National Drug Authority (NDA) earlier on cleared Covidex for public consumption and gave a go-ahead to Jena Herbals Uganda Limited, a company owned by Prof. Ogwang to start mass production.
With many Ugandans now opting for the product, Mbarara University just like Prof. Ogwang now also claim they are the true owners of the product.
Recently, the University said they host the Pham Biotechnology and Traditional Medicine Centre (PHARMBIOTRAC) which is one of the Eastern and Southern Africa Higher Education Centres for Excellence in Uganda that is fully sponsored by the government to help support the development of herbal products in response to the Covid-19 pandemic in the country.
Because of this, the university revealed that through this arrangement, they were able to come up with Covidex.
In a letter dated June 14, 2021, Prof Celestino Obua, the Mbarara University vice-chancellor said that Covidex is fully owned by the university and that Jena Herbals Uganda Limited, the company owned by Prof Ogwang should stop manufacturing the product unless the university permits.
“Any third party interested in production, distribution, or sale of Covidex without prejudice is hereby asked to desist from negotiating any deals with any individual, other than the university authority, who is the holder of the Intellectual Property Rights for this product, and for the avoidance of any doubts, in this case Mbarara University of Science and Technology authority,” Obua said.
However, Ogwang who now threatens to also sue Mbarara for impersonation insists that he is the sole owner of the herbal concoction.
He said his product has undergone minimal laboratory tests but because some people have used it and it has helped cure the virus, the government allowed him to manufacture even more bottles enough to cater for the huge demand.
Through his lawyers of Omongole and Co Advocates, Prof. Ogwang and his Jena Herbals indicate that they learnt of a proposed action by the university to use three of their products including Jena DS Xtra, Artemune and Covidex to solicit funding from the Ministry of Science, Technology and Innovation but warned that this will be an action related to fraud.
Prof. Ogwang and his lawyers demand the university abandons this proposal or they should be read on top of being held liable to pay up to shs100 billion for unlawful use of their products.
“The contract between Mbarara University and the Ministry of Science and Technology is formed on the three products yet our client was neither involved nor informed. We deem this as illegal and fraudulent action by the university and urge them not to go ahead with the said action without authorisation of our client or Prof. Ogwang personally,” the lawyers say in the intention to sue sent to the university but also copied to the Ministry of Science and Technology,” Ogwang’s lawyers noted.
“Should the university deem it fit to continue with the said illegal acts, they should be ready to be held liable for infringement of the trademarks, patents and all associated intellectual property rights for which Jena Herbals Uganda Limited will not hesitate to demand for shs100 billion for unlawful use of their products,” added.
