Intellectual Property Law

Prof.George.W.Kakoma v The Attorney General (Civil Suit No.197 Of 2008) [2010] UGHC 40 (30 July 2010);


Search Summary: 

In this case the plaintiff sought court for recovery of damages, compensation and
royalties. This was on the ground that the defendant had infringed on his copy right
and for that matter in addition prayed for temporary injunction to restrain further

Headnote and Holding: 

Court considered whether the plaintiff had copyright in the music comprised in the
national anthem and if so whether there had been infringement of the plaintiff’s
copyright by the defendant. Court held that both the plaintiff and the defendant had
copyright in the music of the national anthem and the defendant had not breached the
copyright for the plaintiff. Court was satisfied that upon the defendant receiving the
composition and adapting it to its own taste, it acquired an equitable right in the
copyright material. For that matter it was court’s view that parties had rights in the
copyright; the plaintiff’s rights were legal and the defendant’s were equitable hence it
could not be said that the defendant had infringed on the plaintiff’s copyright.
However for the effort expended on the song and the current presumed value of the
composition to both parties, the plaintiff was awarded Ugandan shillings 50million
payable as he signs off the residue of his interest in the copyright in favor of the
defendant for its exclusive use thereafter.
Accordingly court found that both parties owned rights in the copyright.


Subscribe to RSS - Intellectual Property Law