Lowe sold software programmes to Paymaster and GKRS which operates Bill Express.
Paymaster, headed by Audrey Marks, is claiming ownership of the multipayment software programme and has sued GKRS and Lowe. Paymaster is seeking to recover more than $1.7 billion in damages.
GKRS, represented by John Vassell, QC, Michael Hylton, QC, and attorney-at-law Courtney Bailey closed its defence yesterday after calling several witnesses to substantiate its claims that Paymaster had no rights to the software programme which Lowe sold GKRS.
Owner of copyright
Yesterday, attorney-at-law Vincent Chen, in outlining Lowe's defence to Supreme Court Judge Roy Jones, said Lowe's main defence was that he was the owner of the copyright for the software programme. He said it was Lowe who applied his mind to the first step of a computer programme, wrote his own specifications and created the design.
Chen said there was an agreement between Paymaster and Lowe that he would license the base programme to Paymaster.
He said on the issue as to who was the creator of the portion of the programme involving intellectual property rights, Lowe was saying he was the sole owner. Businessman Wayne Chen was called as a defence witness for GKRS because Paymaster contends that Super Plus fired Paymaster from their locations because GKRS induced a break in an agreement between the two.
No written agreement
Chen said to his knowledge there was no written agreement between Paymaster and Super Plus.On being cross-examined by Dr Lloyd Barnett, who is representing Paymaster, Chen said "We had concerns about the agreement from the beginning."
He said although they had concerns they still supported Paymaster. He said the reason they did not sign an agreement was because it did not seem beneficial. He said GraceKennedy had also been operating Western Union at all the Super Plus supermarkets, along with Paymaster. It was suggested to Chen that immediately after Paymaster left, the next day Bill Express began operating at the supermarkets.
He said he did not know exactly when but he wanted the transition to be as seamless as possible for his customers.
He said when Paymaster was served notice to terminate the arrangement at all the supermarkets, he did not feel he had to seek legal advice because there was no binding agreement.