plaintiff sold artistic works to various people and distribution businesses in Kampala and
elsewhere
contrary
to
the
exclusivity
term
of
the
license
agreement.
The
defendant/counterclaimant further averred that the plaintiff during her employment with the
defendant/counterclaimant took various artistic works from the defendant and that she has
ignored, refused and failed to return them despite the numerous remainders. It is the
defendant/counterclaimant’s case therefore that the proliferation of the market with similar
products has caused a financial loss to the defendant’s business and that as a result of the
plaintiff’s actions, the defendant/counterclaimant has been deprived of their use and
purpose.
The agreed facts are that:-
1. There was a working relationship between the plaintiff and the defendant in
between 2001-2003.
2. In that relationship the defendant was supplied artistic works by the plaintiff.
3. The defendant has artistic works stores at Crested Towers, National Theatre,
Crafts village and Makindye, opposite the American Recreational Club where
the artistic goods are sold.
At the commencement of the trial the following issues were framed.
1. Whether the plaintiff is the author of the various artistic works and owner
of the copy rights there in if any.
2. Whether the defendants infringed the plaintiffs copy right.
3. Whether the plaintiff is liable under the counter claim.
4. What remedies are available to the parties?
Mr. Brian Kaggwa appeared for the Plaintiffs while Mr. Kiggundu Mugerwa appeared for the
defendant. The plaintiff called two witnesses namely; Stella Atal, the plaintiff (PW1) and
3