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Author petitions registrar over delayed judgment in NDP II copyright case

Commercial Division of High Court in Kampala where the case was instituted

Kampala, Uganda  | THE INDEPENDENT |  An Author Edward Mashate has petitioned the Registrar in Charge of the Commercial Division of High Court seeking judgement in a case filed against the government for infringing on his copyright.

Mashate dragged the government to court seeking compensation for damages and costs for allegedly using his work in the National Development Plan II without his permission. The said literary work was used on the concept of Greenhouse Tourism and embedding the Greenhouse effect.

He alleged that he is the author of a book titled; “Introduction to the Concept of Greenhouse Tourism,” which was reportedly first published in 2010 following the call for global awareness on issues of climate change and the need for sustainable development.

But Mashate contends that between 2011 and 2014, he engaged the government through a number of its Ministries and Agencies, for instance, the Ministry of Tourism, Wildlife, Environment and the National Planning Authority, among others where he reportedly shared his ideas and made presentations in regards to issues of climate change.

He later signed a formal Memorandum of Understanding with the Ministry of Tourism, Wildlife and Antiquities on how to further promote the concept in question.  But, Mashate alleges that the government without his permission went ahead and infringed on his copyright by hijacking and reproducing some substantial parts of his work into the “National Development Plan II” –NDP which was published in 2015 and has since been widely distributed without his license.

Mashate states that the said actions and the failure to acknowledge his input in the National Development Plan II in a number of sectors like Manufacturing, Energy, Oil and Natural Gas, Fuel Combustion among many others has caused him to suffer loss.

But Mashate now states that his case was concluded in November 2017 and the matter adjourned to February 5, 2018 for parties to file submissions before a Judgement date is fixed.

However, he adds that on the said date, the National Planning Authority filed an application seeking to be joined as a party but the same was withdrawn on July 11, 2018 before Justice Elizabeth Jane Alividza. He says that since then, the case was adjourned for judgement to be delivered on notice.

“It is now well over one year and ever since, judgement has not been delivered. We write therefore to request you to kindly draw to the attention of the learned trial Judge to this matter in case it may have escaped her attention,” reads the letter in part.

However, when URN visited the Commercial Court Registry on Monday, it was indeed confirmed that the case judgement is still pending and the trial Judge has since been transferred to Fort Portal.

He now wants court to issue a permanent injunction restraining the government and its agents from infringing on his said literary work and also issue an order for general damages for infringement of his copyrights.

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URN

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