Please see here for our position on the UK verdict and official statements by the Bestnet Ltd legal representation.
Please see here for the decision regarding remedies in the UK court case, Vestergaard-Frandsen vs Bestnet ltd.
IIC is appalled to read the press orientation issued by Vestergaard-Frandsen in relation to recent developments in the court case they brought against Bestnet and others.
Neither Dr Ole Skovmand nor Intelligent Insect Control SARL were parties to the UK case.
Instead, there is an ongoing court case before the Danish Western High Court between Vestergaard-Frandsen and Intelligent Insect Control SARL regarding the question who owns the data that Vestergaard Frandsen in the English case alleges have been misused, and whether the data have been misused by Intelligent Insect Control SARL.
The disputed data concern the agricultural product known as Fence, which Intelligent Insect Control SARL developed with Vestergaard-Frandsen. The data does not relate to the Vestergaard-Frandsen mosquito net Permanet, which Intelligent Insect Control Sarl developed with the company based on an oral agreement. An agreement that the parties did not manage to convert into a written and fair business agreement though we tried so for some years. The parties were simply not able to agree on the terms.
A judgment in the Danish case is not expected for at least another year or two. Accordingly, we will not know the correct answer to the question of ownership and alleged abuse for at least another year or two.
Data created in the course of all of our developments belong to Intelligent Insect Control SARL. The UK judge did, however, find that under English law, we were not free to use disputed data for product development for another client, Bestnet ltd. As mentioned above, we were not parties to the case, which of course is not binding to us and which we do not find is correct.
It is also important to note that only the first generation product was injuncted by the UK judge. The products that went through the WHOPES recommendation phase 1 & 2 and that are presently produced and sold by Bestnet Ltd. were not injuncted and can be freely produced and sold.
Our indignation is not lessened by the colorful and defaming language used to describe Dr Ole Skovmand nor the history of our activities in relationship to Vestergaard-Frandsen.
Let it be extremely clear that Dr. Ole Skovmand did not lie to the UK court. Let it be equally clear that no data has been stolen or abused by Dr Ole Skovmand nor Intelligent Insect Control SARL.
Intelligent Insect Control has always prided itself as being a proud and well respected member of the malaria control community. The majority of the LLIN's that have been distributed in course of the present campaign originate with us. Several other important tools for vector control tools saw their beginning in our laboratories, such as Zerofly, an upcoming wall lining project known as DART and others. We have in addition to applied research also conducted basic research, helped and guided our peers in the scientific communities as they have us and Dr Ole Skovmand has published several articles in peer reviewed scientific journals.
But it is a great shame a great deal of our time the past years has been spent in court rooms and spent thousands of hours in relation to this great number of cases brought against Bestnet, against Intelligent Insect Control and against Ole Skovmand. In our opinion this has been an attempt by Vestergaard-Frandsen to keep competitors out of the market place by other means than fair, product based competition.
It is a shame because we have been kept from developing even better products and generate more insights as to how to win the battle against malaria. And this is at a time at which evidence seems to tell us all that the current tool box of malaria prevention tools are in dire need of an update shall they not fail their purpose.
It has been near heart breaking to spend so much of our time defending ourselves against these allegations that have been brought against us with an intensity driven by the capital gained from our own developments that it has left us barely standing up.
But ultimately the real losers of this travesty is a group of people with much fewer means to defend themselves; those who suffer under the burden of malaria. Had we and our partners not been held down, we believe that more people could have escaped malaria and we would all have more and better tools to fight it.
Intelligent Insect Control SARL