Okavango Diamond Company (ODC)’s recent exploits at the Dubai Diamond Exchange have attracted a multi-million Pula lawsuit from local businessman Isaac Leshona.
The lawsuit stems from a two-year tussle between the two over the former’s alleged use of the latter’s intellectual property without consent.
According to court papers, on various dates between October 5, 2020 and November 12, 2020, Leshona shared a business proposal (titled : O.D.C Diamond Auction, Dubai) with indicative quotations, offering to support ODC with facilitation and marketing solutions to promote and sell ODC products by venturing into the Dubai market and participating in auctions at the DDE.
“The Plaintiff (Leshona)’s proposal was submitted with indicative financial invoice # 20-0023/20 dated 2 November 2020, in the amount of US$ 300,761.84 covering facilitation of one auction,” Leshona’s filing notice read.
The documents indicate how on various dates between November 2020 and June 2021, the ODC’s current chief executive officer Mmetla Masire (then Permanent Secretary in the Ministry of Mineral Resources, Green Technology and Energy Security) and other
agents of the of the government-owned company acknowledged receipt of the proposal and offered to support ODC with facilitation and marketing solutions to promote and sell its products by venturing into the Dubai market.
“On or about 15 June 2021, the Defendant (ODC) expressed disinterest in Plaintiff (Leshona)’s proposal, and held that the Plaintiff’s offering is not aligned with the defendant’s strategy and that adopting the proposal would increase the Defendant’s expense with no evidence of additional benefits.”
In July 2021 Masire assumed the reigns as the CEO of the ODC following his resignation as Permanent Secretary and his short stint as Minerals Advisor in the same Ministry of Minerals.
Leshona had earlier, in April 2021, expressed his apprehension that having received his proposal, Masire was now set to become the next CEO of the ODC and would
implement the ideas set out in the Proposal despite the company’s initial stance that it would be counterproductive to implement the ideas, the court papers indicate.
However, sometime in October 2021, Leshona became aware from press statements issued by the company that ODC had participated at the Dubai Diamond Exchange and conducted a diamond auction in Dubai in a surprising adaptation of his proposal.
“The Plaintiff believes that Defendant, represented by Mr Masire as the new CEO, implemented the business strategy that was originated, motivated, proposed and authored by Plaintiff, without consent of the Plaintiff. The defendant is in breach of the Plaintiff’s Copyright over the document, and Plaintiff apprehends that if not restrained, the Defendant will continue to benefit from adaptation of his proposal without reference to the plaintiff for consent and/or offer of equitable compensation,” Leshona filed through his lawyers, Piyush Sharma Attorneys.
“Notwithstanding demand, the Defendant has denied liability to the Plaintiff for the Copyright infringement, and refused to pay the Plaintiff the amount quoted, or any amount at all.” Consequently, Leshona holds ODC liable for infringement of his copyright arising from use or adaptation of his original work without his consent, and claims a sum of US$11,675,000.00 constituted as: US$ 175,000.00 for Business Development; US$ 11,000,000.00 being 2.5% of sales revenue from four auctions charged as Commission fees; and US$ 500,000.00 being damages for loss of future business.
Leshona also wants the Court to grant an order restraining ODC from infringing his Copyright in the “O.D.C Diamond Auction, Dubai” (the original work) by
adapting the original work, or otherwise engaging in any other offending activities that derive from the original work without the his consent.
He also demands all copies of his original proposal in ODC’s possession or under control of the company’s agents or contractors, and of all electronic copies used in the production of the works. ODC had not responded to the charges by the time of going to press.
