Information & Communication Technology Arena

The nation’s telecoms regulator has told Technology Times that the ongoing nationwide registration of mobile phone users will proceed despite threats from a Lagos-based firm claiming to hold the patent for SIM registration technology in Nigeria.

Telecoms operators were at the weekend taking a second look at the company’s threat following the reported ruling of a Federal High Court that stopped the Independent National Electoral Commission (INEC) from awarding contracts for Direct Data Capture (DDC) machines to be used in next year’s voters’ registration following an infringement motion filed by Bedding Holdings.

Bedding Holdings now has its radar beamed on the telecoms sector and the target is the ongoing SIM registration exercise initiated by the Nigerian Communications Commission (NCC) to develop a database of mobile phone users as one of government’s strategies to tackle technology-related security issues.

The company has notified the Minister of Information and Communications, Dora Akunyili; the Executive Vice Chairman, NCC, Eugene Juwah; Chairman, Senate Committee on Information and Communications; Chairman, Committee on Information and Communications, House of Representatives, among other top government agencies and GSM and CDMA mobile operators of its intention to “jealously guard, vehemently protect and legally enforce the patented rights”.

Spokesman, NCC, Reuben Muoka, told Technology Times weekend that the threats from the Lagos-based firm is “an unnecessary distraction” that will not undermine the ongoing registration while assuring that the telecoms regulator is poised to see the nationwide exercise to its “logical conclusion.”

“I don’t see how the technology can be proprietary. Biometrics is a common technology”, he adds wondering if the patent claim covers the digital camera or other systems used in gathering the database of mobile phone users nationwide.

Muoka adds that operators are already registering new SIM, “and once what they have registered meets the standards we have set, they will be accepted into the database” while also noting that, “on our part, we don’t want a situation where any issue or bottleneck will jeopardise the project. The Commission is set to see it to its logical conclusion.”

According to a letter sighted by Technology Times, Bedding Holdings has put government and telecoms operators on notice that it is poised for a battle for the technology used in SIM registration on the strength of a patent obtained from the President in February, this year.

The letter from the law firm of Falana & Falana Chambers, acting on behalf of Bedding Holdings, claims that the Lagos-based firm specialising in the manufacture, fabrication and general production of steel metal products in Nigeria has the patent for the so-called “Proof of Address System/Scheme” (PASS).

According to the firm, it obtained the patent for PASS, “Embedded With The Concept of the Coded Metal Plate” by virtue of Certificate of Registration of Patent dated February 24, this year with the Registration of Patent Rights No: NG/P/2010/202.

The law firm claims that, “PASS has been uniquely and peculiarly designed and embedded with the concept of The Coded Metal Plate by our client as an acceptable, compulsory and verifiable form of proof of identity that can be used by both the goverment and individuals on both public and private establishments matters to form the database of Nigerians and alien citizens registered bio-data/information and data protection, theretofore.”

It adds that, “It can also be used for Citizens Identity Authentication and identity secrecy; amongst other numerous purposes as already copiously itemized in our patent under “What Is Claimed”. Therefore, the basic scope of our client’s paptent is predicated on National/individual Identity Database uniquely and specially designed for every person resident in Nigeria. This also includes the proper identification and naming of inanimate objects like cities, towns, villages, street, buildings and other geographical areas which will equally have the unique National Identity Database for them to be easily located and identified.”

The firm says that under the patent granted it, it has exlusive right to manufacture, import, sell, produce, use and deal with PASS “to the exclusion of any other person whosoever…except with the prior and express consent, authorization, approval and licence.

“Curiously, our attention has been recently drawn to various newspapers publications where N.C.C., in conjunction with the National Assembly, has embarked on SIM Card Registration Scheme/Project wherein every user of G.S.M. SIM Card in Nigeria is being enjoined to register his/her SIM Card by providing his/her name, address, sex, date of birth, place of birth, gender, marital status, passport photograph, biomeric finger-print impression and other relevant bio-data information with a view to giving the user of a particular SIM Card a unique and peculiar identity which is identifiable, attributable and traceable to that particular SIM Card registered against his/her name. Obviously, this scheme/project is to ensure individual’s Identity Authentication, identity secrecy, identity theft verification and data protection e.t.c., (be he a Nigerian or alien) theretofore. It can also be used for crime and safety investigation, tracking of criminals, crime alert response”. according to the firm.

The firm claims the SIM card Registration Scheme/Project underway across the country is seriously infringing on the patent right in and over the PASS as granted to her by the President of the Federal Republic of Nigeria; as the said project is being carried out without the license, consent and authority” expressed in provisions of Section 3, 6 and 25 of the Patents and Designs Act, Cap C28, Laws of the Federation of Nigeria, 2004.

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