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September 29, 2020
Business Fashion Islands News

Dismissal Unsuccessful in Designer Copyright Lawsuit

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An attempt to dismiss the copyright infringement case between Dame Sandra Lau and Annette Sete at the Kokopo National Court last week was unsuccessful.

Lawyer representing Dame Sandra, Emmanuel Asiagau asked the court to have the case dismissed on grounds that, Tony Waisi who is representing Annette Sete had failed to provide a notice of discovery as affidavits.

On the 09th of December 2019, Annette  Sete filed a lawsuit against Dame Sandra Lau as the first defendant and Tropicana Limited, her business as the second defendant for wrongfully producing, distributing, rearranging and importing the Wheel Tabu design, a fabric design Sete claimed that she created herself.

The lawsuit stated that the Tabu wheel design is the kind of work eligible for copyright protection under the copyright and neighboring rights act 2000.

On Friday the 6th of March, the court went into its first hearing at the Kokopo National Court and presided by Justice Elizabeth Suelip.

An attempt by Dame Sandra Lau’s lawyer to dismiss the case was unsuccessful.

Dame Sandra’s lawyer, Emmanuel Asiagau asked the court, to dismiss the case on grounds that Annette Sete and her attorney have failed to provide the notice of discovery… an affidavit that contains the abstracts of the wheel tabu design.

Tony Waisi, who is representing Sete says the notice of discovery was already made available as affidavits presented to the council of the defendant earlier and considered the request as unnecessary.

Mr. Waisi requested the court to consider the case as it is the first to have taken place that is representing thousands of other Papua New Guinean small entrepreneurs who have put their effort into creating their own designs that needs to be protected by law.

“I had asked the court not to easily remove this case. We must not remove it. There are people all over the country waiting to see the outcome of this court to see where they are standing, the artists, musicians, fashion designers”, said Mr. Waisi.

The court ruled in favor of Mr. Waisi and dismissed the application for a dismissal of the case.

The court was adjourned to the 08th of April for a directional hearing before it goes into trial.

 

By Edwin Fidelis, EMTV News, Kokopo

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