The transportation modernization sector in Senegal is entering a period of legal turmoil. Mr. Mouhamadou Moustapha Ndiaye, manager of the startup TRANSPAY, has just issued a formal warning to any entity illegally exploiting his inventions. Claiming exclusive ownership of the electronic ticketing solutions, the Senegalese innovator intends to protect the work he has undertaken over a decade ago.

Legal protection reinforced by OAPI

At the heart of this conflict lies a cutting-edge technology protected by two major patents issued by the African Intellectual Property Organization (OAPI). The press release specifies that Mr. Ndiaye enjoys "full legal protection under Patent No. 17225 (filed in 2014) and Patent No. 20874 (filed in 2022)."

These patents, valid for 20 years, are not limited to simple transportation. They cover a broad spectrum defined as a "Computerized electronic ticketing solution system for transportation, the sale of products or services, revenue collection in businesses, as well as their remote management and control in real time, with or without an internet connection." This technology is currently the driving force behind the management of the TATA, POLO, and KINGLONG bus fleets that crisscross Dakar and the surrounding regions.

Formal notice to carriers and receiving networks

The patent holder's findings are unequivocal: counterfeit products are circulating and being fraudulently sold within the country. Faced with what he describes as considerable damage, Mr. Ndiaye, through his legal counsel, is demanding that all offenders "immediately cease these illegal practices."

The warning is specifically aimed at those working in the field, particularly carriers affiliated with the AFTU and CAPTRANS groups. The text is categorical: "any purchase, rental or operation of a machine infringing Mr. Ndiaye's patents will constitute the offense of counterfeiting by receiving counterfeit goods, engaging the individual liability of each offender."

Severe criminal penalties for counterfeiters

Far from being a mere protest, this press release serves as a reminder of the strictness of the law. Based on the revised 2015 Bangui Agreement, the OAPI-approved representative and legal counsel reiterate that the offense of counterfeiting is punishable by "a prison sentence of one (1) to three (3) years and a fine ranging from 5,000,000 to 30,000,000 CFA francs."

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The rights holder informs the public that it has already "taken appropriate measures and will use all necessary legal means to stop these fraudulent maneuvers." This legal action aims not only to obtain redress but also to clean up a market where local innovation is often threatened by illegal imports.

A call for calm for TRANSPAY's partners

Despite the firm tone used against fraudsters, Mr. Mouhamadou Moustapha Ndiaye wishes to reassure his legitimate employees. He urges users and partners using genuine TRANSPAY machines to "remain calm in the face of attempts at intimidation or disinformation emanating from counterfeiting networks."

For the startup's manager, this fight goes beyond his personal situation; it's a matter of digital sovereignty. The press release concludes on a note of sovereign firmness: "The protection of Senegalese technological innovation is an absolute priority, and the law will prevail."