Thu | Sep 20, 2018

Paymaster plans to defend its rights

Published:Monday | March 30, 2015 | 12:00 AM
Audrey Marks, founder of Paymaster (Jamaica) Limited.

PAYMASTER (JAMAICA) LIMITED has said it is prepared to robustly defend all the way to the Privy Council, not just the favourable copyright ruling handed down against GraceKennedy Remittance Services (GKRS) last Friday, but the very idea that trust must be essential in all personal and corporate relationships.

Last Friday, the Court of Appeal ruled that Paymaster's confidentiality for its bill-payment business was breached and ordered that the matter go to the Supreme Court for damages to be assessed in Paymaster's favour.

However, the court dismissed Paymaster's appeal against computer programmer, Paul Lowe.

GKRS claimed that it had a legitimate licence for the use of the software from Lowe, the owner of the copyright.

Lowe maintained that he was at all times the owner of the software and was entitled to license it to anyone he chose.

Paymaster alleges that Lowe created the software for the company and subsequently licensed the same software to GKRS, which used it to start Bill Express, Paymaster's competitor.

The case started in 2000 when Paymaster filed suit jointly against GKRS and Lowe, claiming damages arising out of the use by GKRS of certain software, to which Paymaster alleged it owned copyright.

In April 2010, the Supreme Court ruled in favour of GKRS and the developer on all claims.

However, Paymaster filed an appeal against the Supreme Court's decision, and this was heard in September 2013.

Following Friday's court ruling, GKRS Limited, by way of a release, indicated that while it respects the court's decision, based on advice from its legal team, the company is confident that it has a strong basis for appeal and attorneys will apply for permission to appeal to the Privy Council.