THE TRUSTEES OF THE MUKONO FAMILY TRUSTEE and MUKONOTRONICS (PVT) LTD v KARPEG INVESTMENTS (PVT) LTD t/a KADIR & SONS and AMANAT ELECTRICAL WHOLESALERS and BIG R MICA HARDWARE (PVT) LTD and NATIONS HARDWARE (PVT) LTD and SWIZ ELECTRICAL (PVT) LTD and TAKEOUT POWER SUPPLIERS t/a NEXUS POWER and AE ELECTRICAL

Key Issues

• {"issue_text":"Whether a trust has legal capacity to register an industrial design under the Industrial Designs Act","issue_type":"law","dispositive":"yes","related_facts":"Registration was in name of Mukono Family Trust; Trust is not a juristic person"}
• {"issue_text":"Whether the plaintiffs have standing to sue for infringement of a design registered in the name of a trust","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiffs are trustees; Registration is nullity"}
• {"issue_text":"Whether the plaintiffs are entitled to a permanent interdict","issue_type":"law","dispositive":"yes","related_facts":"Valid registration is prerequisite for interdict"}
• {"issue_text":"Whether the plaintiffs are entitled to damages","issue_type":"law","dispositive":"yes","related_facts":"Damages flow from valid infringement"}

Background