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Commercial Court of Uganda

The Commercial Court was established in 1996 as a division of the High Court of Uganda devoted to hearing and determining commercial disputes with current jurisdiction (as established under Legal Notice No.4 of 1996 and Instruction Circular No.1 of 1996); company causes, Bankruptcies and intellectual property.

The mission of the court is to deliver to the commercial community an efficient, expeditious and cost-effective mode of adjudicating disputes that affect directly and significantly the economic, commercial and financial life of Uganda.

Physical address
Plot 14, Lumumba Avenue, Nakasero.
Visit website
https://judiciary.go.ug/data/smenu/17/Commercial%20Court%20Division.html
2 judgments
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2 judgments
Citation
Judgment date
December 2009
Atal v Kiruta t/a 97 Africa Arts & Crafts (Civil Suit No. 967 of 2004) [2009] UGCommC 59 (11 December 2009)
Plaintiff entitled to copyright protection; defendant infringed two specific artworks and is ordered to pay damages, injunction and destruction of infringing items.
* Copyright – original artistic works – requirement of sufficient effort and expression in material form to attract protection. * Copyright infringement – protection limited to expression not ideas; substantial similarity and recognizably derived works required. * Remedies – damages (general and exemplary), injunction, destruction of infringing copies, delivery up, costs. * Counterclaim – declaration of ownership and breach of license requires evidential proof of licence or employment; absent proof counterclaim fails.
 11 December 2009
Stella Atal v Ann Abels Kirata (High Court Civil Suit No. 967 of 2004) [2009] UGCommC 159 (11 December 2009)
Plaintiff proved authorship; two artworks infringed, awarded damages, injunction and destruction of infringing items; counterclaim dismissed.
Copyright — originality and material form — copyright protects original expression not ideas or generic style; Copyright infringement — comparison of works: infringement requires substantial similarity of expression; Remedies — general and exemplary damages, injunction, delivery up/destruction of infringing copies; Counterclaim — failure to prove license/assignment or employment defeats claim for ownership and damages.
 11 December 2009