a) An order of mandamus doth issue directing the 1st respondent to recall, quash and
cancellation of Collecting Society Licences issued to the 2nd Respondent under Section
77(1) (b), (c) and (e) of Copyright and Neighbouring Rights Act 2006.
b) In the alternative an order of mandamus doth issue directing the 1st respondent to perform
its statutory functions under Sections 69(7) of the Copyright and Neighbouring Rights Act
2006.
c) An order compelling the 1st Respondent to furnish the Applicants Audit Reports carried
out against the 2nd Respondent in 2015 and 2018.
d) A declaration that the activities of the 2nd respondent of:
i)
Issuing copyright licenses to Audio-Visual vendors who are reproducing,
distributing or otherwise exposing to the public for sale, hire or rental, pirated
audio visual recordings which are infringing Copyright;
ii)
Operating a Collecting Society without causing for the auditing of accounts for
8(Eight)consecutive years;
iii)
Operating a Collecting Society without estimates of the income and expenditure;
iv)
Operating a Collecting Society without establishing, administering a Provident
and Benevolent Fund;
v)
Failure to affix a security device on all audio-visual recordings distributed or
otherwise exposed to the public for sale, hire or rental in Uganda contrary to
regulation 19 and 20 of the Copyright and Neighbouring Rights Regulations 2010
SI.1/2010.
are all in violation of Sections 47 (6) & (7), 68, 69(7), 70 and 73 respectively of the
Copyright and Neighbouring Rights Act 2006 and the Regulations thereunder.
The grounds in support of this application were stated briefly in the Notice of Motion and in the
several affidavits in support of the application by the applicants but generally and briefly state
that;
1. The 1st Respondent has failed to carry out its statutory duties of controlling, managing,
overseeing and regulating the 2nd Respondent as a Collecting Society under the Copyright
and Neighbouring Rights Act 2006 and the Regulations thereunder.
2