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Harare High Court
Patience Kanyenga v Harare Institute of Technology & 3 Ors
HH 115-21
Case Details
Court
Harare High Court
Date
17 March 2021
Citation
HH 115-21
Neutral Citation
[2021] ZWHH 115
Outcome
unknown
Case Type
Trial
Bench
Presiding
Dube J
Areas of Law
Intellectual Property LawCopyright Law
Keywords
copyright subsistenceoriginalityacademic projectpyrolysis technologybriquetting process
Tags
intellectual propertycopyrightacademic work
legislation
Statutes Cited
- Copyright and Neighbouring Rights Act
- Patents Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether copyright subsists in plaintiff's academic project","issue_type":"mixed","dispositive":"yes","related_facts":"Project was written work describing briquette production process"}
- {"issue_text":"Whether plaintiff is owner of any copyright in the project","issue_type":"mixed","dispositive":"yes","related_facts":"Project completed as academic requirement with supervisor guidance"}
- {"issue_text":"Whether defendants infringed any copyright","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged reproduction and publication of project parts"}
- {"issue_text":"Whether defendants commercially exploited plaintiff's work","issue_type":"fact","dispositive":"no","related_facts":"Alleged manufacture and sale of briquettes"}
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background
Facts of the Case
Background
The plaintiff, a former student at Harare Institute of Technology, claimed copyright infringement over her final year project on fuel briquettes production using slow pyrolysis and briquetting technology. She alleged the defendants wrongfully claimed invention rights and commercially exploited her work without permission.
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