TUYEIMO HAIDULA at OSHAKATINAMIBIA Breweries Limited on Friday accused the owners of Desert Lager of intellectual property and copyright infringement.
HP97 Investment, which is co-owned by Homateni Kapewangolo, Matti Kaapangelwa and Petrus Indongo, brews the Desert Lager beer launched last month.
The trio was served with a letter of demand by NBL through Alet Louw of Engling, Stritter & Partners to remove their beer from retail shelves by not later than Monday, 28 January 2019.
They were also asked to provide proof that the co-packer had destroyed any records, whether in hard copy or electronic format, of the brew recipe in question, or face legal action.
Louw instructed Kapewangolo, Kaapangelwa and Indongo of HP97 to cease the brewing, sale and distribution of Desert Lager immediately.
In a letter dated 25 January 2019, Louw states that a chemical analysis of the Desert Lager brew had proven that the beer is the same as NBL’s Tafel Lite.
NBL also told the trio that because Kapewangolo and Kaapangelwa were earlier part of the NBL team, it offered them access to the company’s products.
Kapewangolo was a quality control manager at NBL, and part of the NBL team from 1 January 2008 to 31 August 2017.
“(This) enabled (him) full and unfettered access to the recipes of all of NBL’s products, including Tafel Lite. Kaapangelwa was (also) a manager of strategic projects of NBL, and part of the NBL team since 1 January 2017 to 31 August 2017, (which) enabled (him) full, unfettered access to intricate product input and supply knowledge,” the letter further reads.
The company stated that Desert Lager is being produced in South Africa, and distributed for sale in and to Namibia.
“NBL’s Tafel Lite recipe is in possession of the relevant South African brewery with whom HP97 Investment has what we presume to be a co-packaging agreement, or the like. The unauthorised use of a recipe is akin to theft of intellectual property,” the lawyers warned.
NBL then demanded from the three that HP97 immediately cease the sale, distribution and manufacture of Desert Lager.
“Sale whether in, into or from Namibia, distribution whether in, into or from Namibia, and manufacture of Desert Lager [must be] ceased. Failing which, our instructions are to proceed with legal action,” the letter read.
NBL said Kapewangolo and Kaapangelwa, as former employees, are well aware that NBL and the broader O&L group values, cherishes and supports local innovation and entrepreneurship.
“Our client’s demands should not discourage HP97 Investment, its members or associates to in future approach NBL with a business case that investigates the possibility of a co-packaging arrangement to be entered into between NBL and HP97 Investment to enable HP97 Investment to produce, albeit unique and original Namibian beer, in Namibia,” Louw stated.
Kapewangolo told on Tuesday that he would not comment as this was a legal matter.
Kapewangolo, Kaapangelwa and Indongo responded to NBL through their lawyer, Kadhila Amoomo, who requested NBL on Monday to provide his clients with the NBL chemical analysis report of the Desert Lager brew.
“Kindly also provide us with a copy of the NBL’s chemical analysis report of the NBL’s Tafel Lite, (and) provide us with a copy and reference of the copyright number/patent number/intellectual property registration number of the recipe of NBL’s Tafel Lite,” Amoomo said in his letter.
He stated that the documents are requested to enable Kapewangolo, Kaapangelwa and Indongo to engage NBL on the allegations brought against them.
NBL yesterday promised to get back to The Namibian through its lawyers, but had not done so at the time of going to print.
In 2014, Namibia Breweries Limited was employing over 700 staff, and was listed on the Namibian Stock Exchange (NSX). The Ohlthaver & List (O&L) Group of Companies is the single-largest investor in Namibia Breweries. The company’s brand portfolio includes leading brands such as Windhoek Lager, Tafel Lager, Windhoek Draught, and Windhoek Light.
The company is also the distributor of Diageo-owned ready-to-drink-beverages and ciders in Namibia.
– tuyeimo@namibian.com.na
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