Commercial Court Division songs, I find a sum of UShs. 50,000,000/= suitable award as damages. The Plaintiff claimed for exemplary damages. Exemplary damages carry a punitive aim at both retribution and deterrence for the wrong doer and others who might be considering the same or similar conduct. Exemplary damages may be awarded in two cases: First where there is oppressive, arbitrary or unconstitutional action by the servants of the government and secondly where the Defendant’s conduct was calculated to procure him some benefit, not necessarily financial, at the expense of the Plaintiff. Rookes V Bernard [1964] AC 1129 In the instant case, there was a financial gain by the Defendant. It would have been understood if the Defendant had stopped the use of the Plaintiff’s intellectual property when they were first informed of the infringement on 2nd September 2010. But the Defendant continued the use upto 13th October 2010. This Court takes judicial notice of the fact that intellectual property rights in Uganda are not well observed. Stella Atal V Ann Abels Kiruta HCCS 967/2004 The perpetrators do not take into account the trouble that the producers of this intellectual property pass through to produce them. So when they were told that they are infringing, their refusal to stop can only be referred to as impurity. For such infringement therefore where the infringer is making a financial gain from his breach, exemplary damages would be appropriate. HCT - 00 - CC - CS - 373- 2010 Considering all the /8