FOUNDER of the herbal HIV/AIDS medicine, the Sondashi Formula 2,000, Ludwig Sondashi, has sued his former driver in the Lusaka High Court for allegedly producing and selling medicine and therapy under the brand Sondashi Formula using the method and ingredients he learnt while he worked for them.
Sondashi and Sondashi Formula 2,000 Limited have sued Henry Banda of Lilayi in Chilanga, stating that Banda, who carries on business less than a kilometre from them, is in the habit of advertising and diverting patients and customers to his unlawful operation.
They lament that as a result of the infringement, they have been subjected to loss and injury, adding that Banda has acquired immense wealth from the proceeds, including various blocks of shops and houses, all which were acquired after he left their employment.
Sondashi is now seeking a declaration that Banda infringed on his duly protected patent and that he has unjustly benefitted from his intellectual property.
He also wants a declaratory order that Banda must account to him all the proceeds from the alleged infringement, as well as an order of interim injunction restraining the defendant from further infringing upon the patent as protected.
In a statement of claim filed in the Lusaka High Court, December 11, 2020, Sondashi explained that he was a lawyer, businessman and a registered holder of a patent of an Acquired Immune Deficiency Syndrome (AIDS) treatment and therapy.
He added that Sondashi Formula 2,000 Limited was a vehicle through which he conducted his business whose registered address is along Lilayi Road in Chilanga District.
Sondashi stated that Banda was at all material times their employee in the capacity of driver and a resident of Lilayi in Chilanga.
He stated that he shall at trial show that he is a registered holder of a patent in respect of an AIDS medication and therapy named Sondashi Formula 2,000.
Sondashi stated that Banda worked for them as a driver for a considerable number of years up to July, 2015.
He stated that while the defendant worked for them, his duty revolved mainly around traveling across the country predominantly in rural places and collecting the herbs that are combined to produce the Sondashi Formula as patented.
Sondashi stated that over the years and through his affiliation with them, Banda learnt the exact method of how to combine the ingredients in order to produce the Sondashi Formula as patented.
He further stated that since Banda left employment in July of 2015, he has been collecting the raw materials from the villages to which he was sent to collect the ingredients, one of which village is Chinyunyu East of Lusaka.
“The plaintiffs shall at trial show that using the patented method, combination and ingredients he learnt while working for them, the defendant has been producing, marketing and selling the medicine and therapy under the brand Sondashi Formula. The first plaintiff avers that the defendant has infringed upon his patent,” he stated.
“The plaintiffs shall at trial show that it was a condition of the offer of employment with Sondashi Formula 2,000 Limited that not only was confidentiality to be maintained, but also that employees were not to put into practice the methods and combinations, which came into their knowledge by virtue of their association with the plaintiffs for the duration of the patent. The defendant has breached the contract in restraint of trade.”
He stated that they have numerously requested the defendant to refrain from producing and selling Sondashi Formula, but he wantonly continues to sell and derive profits.
Sondashi is now seeking a declaration that the defendant breached a contract in restraint of trade.
He is further seeking damages for infringement of patent, damages for breach of contract and resultant loss of revenue.