18 Feb 2009
ORAKA TECHNOLOGIES LIMITED AND ORS V GEOSTEL VISION LIMITED AND ORS HC HAM CIV 2005-419-809
- Citation
- openlaw-7f211d84_28ca_4a55_8d5f_1a409895a7e6.pdf
- Court
- High Court
The plaintiffs failed to prove a valid commissioning under s9(3) CA62 because there was no antecedent agreement to pay for the 1993 concept and design drawings; NTD's free design service meant NTD's employees authored and owned those drawings. Tooling/manufacture payments did not transfer copyright in earlier design drawings. Bayform/tooling drawings lacked independent originality. The Ziebe chutes were independently designed and original and copyright resided in Ziebe. The fiduciary duty claim failed for lack of any agreement obliging NTD to hold copyright for plaintiffs.