BINAMUNGU v. NATIONAL POST OFFICE (ONP)

BINAMUNGU v. NATIONAL POST OFFICE (ONP)

Binamungu's artistic works are original and protected under copyright law; NPO infringed his rights by unauthorized reproduction, modification, and omission of his pseudonym; damages and counsel fees awarded are within court's discretion and justified by evidence.

Citation
RLR V.3 - 2015
Parties
Applicant: Binamungu Epaphrodite; Respondent: National Post Office (ONP)
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
10 October 2014
Case Number
RDA 0042/13/CS
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
NPO's appeal dismissed; Binamungu's appeal allowed in part; High Court judgment modified regarding counsel fees.
Legal Topics
Copyright Infringement, Damages, Contract Interpretation, Counsel Fees
Source Language
en
Intellectual Property Contracts Copyright Infringement Damages Contract Interpretation Counsel Fees

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Parties

Binamungu Epaphrodite

Applicant

National Post Office (ONP)

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether Binamungu had copyright over artistic works submitted to NPO
  2. 2 Whether NPO infringed Binamungu's copyright by reproducing, modifying, and omitting his pseudonym
  3. 3 Appropriate quantum of damages for copyright infringement and counsel fees

Ratio Decidendi

Binamungu's artistic works are original and protected under copyright law; NPO infringed his rights by unauthorized reproduction, modification, and omission of his pseudonym; damages and counsel fees awarded are within court's discretion and justified by evidence.

Court Disposition

NPO's appeal dismissed; Binamungu's appeal allowed in part; High Court judgment modified regarding counsel fees.

Orders

  • NPO to pay Binamungu 15,000,000Frw for damages.
  • NPO to pay Binamungu 1,000,000Frw for advocate fees awarded by High Court.