As regards Special Damages, the general rule is that special damages must be specifically pleaded and strictly proved. In Jivanji v Sanyo co. ltd [2003] EA 84 court held that; “Its trite law that special damages must be pleaded and then strictly proved in order for a plaintiff to succeed on a claim for specific damages.” Counsel for the plaintiff did not submit on this prayer neither did he adduce evidence to prove special damages that had been prayed for. In that regard I decline to award them. Given the difficulty of proving damages in intellectual properties cases perhaps the time has come for our legislators to follow the example of some States in USA where it is possible for the court to award Statutory damages in the alternative. Account of profits During the trial there was no discovery made as to the sales and profits made from the infringement of the artworks. Furthermore Counsel for the plaintiff did not submit on this claim either. Probably this is not surprising given the quality of business record keeping in Uganda that makes this remedy hard to pursue and prove. Injunction Counsel for the plaintiff relied on the text COPINGER & SKONE JAMES ON COPY RIGHT 13th edition London, sweet and Maxwell 1991 at page 339 where it is stated that if the plaintiff succeeds at the trial and establishes infringement of copyright he will normally be entitled to a permanent injunction to restrain future infringements. Counsel avers that the plaintiff through the evidence has already established infringement of her copy right by the defendant. Basing on my earlier findings majorly based on the comparisons made between the plaintiff and defendants pieces and on the balance of probabilities I grant an injunction against the defendant from continuing to infringe the copyright of the plaintiff. 18

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