Wakilii

Uganda Performing Rights Society v Mega Standard Supermarket (Miscellaneous Application No. 1042 of 2015)

High Court · [2016] UGCOMMC 84 · 2016 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for Anton Piller order arising from civil suit for copyright infringement
Decision
Anton Piller order granted permitting entry and inspection of respondent's premises for copyright infringing materials

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court granted an ex parte Anton Piller order under s.45(2) of the Copyright and Neighboring Rights Act 2006, finding that the applicant established a strong prima facie case of copyright infringement, serious damage to the plaintiff's repertoire, and a real possibility that incriminating material in the respondent's possession may be destroyed before an inter partes hearing. The respondent was ordered to permit inspection of computers and devices used for public performance of music works.

Outcome

Anton Piller order granted permitting entry and inspection of respondent's premises for copyright infringing materials

Facts

The applicant is a collecting society in Uganda. On 1 January 2014, the applicant's Copyright Inspector visited the respondent's premises at Burton Street Kampala, a shopping mall, and recorded music playing within the premises. The recording contained musical works under the applicant's repertoire being unlawfully performed by the respondent. A further visit on 19 January 2016 yielded the same results. The applicant filed the main suit HCCS No. 855 of 2015 for copyright infringement and brought this ex parte application for an Anton Piller order to enter the premises, search for and seize copyright infringing material, fearing the respondent might destroy vital evidence.

Issues

  1. Whether the applicant satisfied the three essential pre-conditions for the grant of an Anton Piller order.
  2. Whether there exists an extremely strong prima facie case of copyright infringement.
  3. Whether there is clear evidence that the respondent has incriminating materials in its possession which may be destroyed before an inter partes application.

Orders

  • The respondent is ordered to permit the applicant in the company of ONLY its advocates to enter its premises at Burton Street Kampala.
  • The purpose of that entry is to inspect all the computers or other gadgets used for the public performance of various music works in the applicant's repertoire in Uganda and clone the said music works on flash disks or any other medium which should be put into the custody of this court for purposes of the inter-party hearing.
  • Costs of this application shall be in the main cause.

Rules and key headnotes

Copyright — Anton Piller Orders — Statutory Basis and Three Essential Pre-Conditions
An Anton Piller order may be granted under s.45(2) of the Copyright and Neighboring Rights Act 2006 where three essential pre-conditions are satisfied: (1) there must be an extremely strong prima facie case; (2) the damage, potential or actual, must be very serious to the plaintiff; and (3) there must be clear evidence that the defendant has in its possession incriminating documents or things and that there is a real possibility that it may destroy such material before any application inter partes can be made.
Copyright — Public Performance — Unlicensed Use of Musical Works
The unlawful public performance of musical works in a shopping mall that are under a collecting society's repertoire without licence or permission constitutes copyright infringement and provides grounds for civil proceedings and an Anton Piller order where the essential pre-conditions are met.
Anton Piller Orders — Nature and Execution — Not a Search Warrant
An Anton Piller order is not a search warrant and does not confer a right of forceable entry into premises. The applicant must obtain the respondent's permission to enter. If the respondent refuses entry, it remains open to the respondent to apply urgently for variation or discharge of the order, failing which refusal exposes the respondent to the risk of contempt proceedings.

Legislation cited (8)

Cases cited (1)

  • Anton Piller KG v Manufacturing Processes Ltd [1976] All ER 779

Full judgment

↓ Download PDF

The original judgment as reported. Read the original PDF before relying on any passage.

Uganda Performing Rights Society v Mega Standard Supermarket (Miscellaneous Application No. 1042 of 2015) [2016] UGCommC 84 (6 May 2016)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.