Intellectual Property

1. OVERVIEW OF INTELLECTUAL
PROPERTY IN UGANDA
Training and Advisory Program on Intellectual Property
Rights in the Global Economy for the Least Developed
Countries (LDCs)
April 9 to April 28, 2017 PRV Stockholm, Sweden
Paula Namusiitwa. Esq
(IP lawyer)
&
Sarah Rukundo. Esq
(Sen. Registration Officer-URSB)

2. CONTENTS
 About Uganda
 National IP office
 Legal framework of IP in Uganda
 IP policy framework
 IP activities, strategies and programs
 Weak areas and challenges
 Conclusion

4. ABOUT UGANDA
 Uganda' s population estimate, 2016; 40,322,768; It’s
estimated that 77 per cent of Ugandans are below the age of
30 and 64 per cent of those who are aged 18-30 are
unemployed.
 Pearl of Africa; Ranked amongst best tourist destinations by
Rough Guides & Lonely planet;
 Named most entrepreneurial country, 2015 (Approved
index)
 Most entrepreneurial women in the world; (2017
Mastercard Index of Women’s Entrepreneurship (MIWE)
report);
 Ranked 2nd in friendliness;

5. ONE OF THE MOST ETHNICALLY DIVERSE NATIONS

6. AGRICULTURE; MOST IMPORTANT SECTOR

7. Uganda; Budget allocation 2016/2017
Agriculture Debt Repayment Security
ICT Education Tourism, Trade & Industry
Others Social development

8. NATIONAL IP OFFICE;
UGANDA REGISTRATION SERVICES BUREAU;
Under the Ministry of justice.
 business registration; official receiver in liquidation of
companies and bankruptcy matters; intellectual property
rights registration; civil registration and collection of non
tax revenue (ntr).
 the IP directorate mainly handles trademarks, patents,
utility models and copyright applications and
registrations and recently, industrial designs.

9. LEGAL FRAMEWORK OF THE INTELLECTUAL
PROPERTY SYSTEM IN UGANDA
DOMESTIC IP LAWS
Copyright;
▪Copyright and Neighbouring Rights Act, 2006
▪ Copyright and Neighbouring Rights Regulations, S.I No. 1 of
2010
Patents, Industrial designs, Technovations, Utility Models.
▪Industrial Property Act, 2014 (This Act came into force in 2017
and repealed the Patents Act and the United Kingdom Designs
(Protection) Act Cap 218, 1937)
▪ Industrial Property Regulations, S1 No.12 of 2017
Trademarks
▪ Trademarks Act No. 17 of 2010, and
▪the Trademark ▪ Regulations SI No.58 of 2012

10. ….LEGAL FRAMEWORK…
Trade Secrets
 ▪Trade Secrets Protection Act, 2009
 Plant Varieties
▪ Plant Variety Protection Act, 2014
Geographical Indications
▪Geographical Indication Act, 2013 – Regulations not yet
gazette. Currently geographical indications registered as
collective marks.
Counterfeits
▪ Anti Counterfeiting Goods Bill, 2015- before Parliament for
discussion

11. ……LEGAL FRAMEWORK……..
Traditional Knowledge; biodiversity; Genetic
resources.
 No sui generis law;
However, a few policies exist;
 The National Culture Policy;
 The National Environment Management Authority and
Ministry Of Water And Environment Guidelines For
Accessing Genetic Resources And Benefit Sharing In
Uganda, 2007 and
 the National Environment (Access To Genetic Resources
And Benefit Sharing) Regulations, 2005.

12. …..LEGAL FRAMEWORK……..
Regional level
 A member of;
 ARIPO
 EAC
 AU
 COMESA

13. INTERNATIONAL & REGIONAL TREATIES
Significant International treaties that have not
been signed or ratified by Uganda;
Madrid Agreement Concerning the International
Registration of Marks;
Protocol Relating to the Madrid Agreement Concerning the
International Registration of Marks;
Swakopmund protocol for the protection of Traditional
Knowledge under the ARIPO framework; and
Marrakesh Treaty to Facilitate Access to Published Works
for Persons Who Are Blind, Visually Impaired or Otherwise
Print Disabled

14. The National IP Policy;
Has been a topic for a long time;
Currently being formulated with assistance
from WIPO;
No certainty on when results will be expected.
INTELLECTUAL PROPERTY POLICY
FRAMEWORK

15. •Establishment of TISC
•Formulation of the Uganda Law Society Intellectual
Property Law cluster.
•Coming into force of the Industrial Property Act,
2014.
•Creation of an IP enforcement Unit
•Partaking in the Uganda Law Society ProBono day
by URSB alongside legal practitioners;
•Elementary Training of Patent Examiners in
substantive search and examination at ARIPO
•Strengthen linkages with external stakeholders-
Formulation of the IP Users’ committee by the URSB.
•Awareness trainings within technology hubs;
IP ACTIVITIES, STRATEGIES AND PROGRAMS

16. WEAK AREAS
 Traditional knowledge and genetic resources;
 Limited protection;
 Geographical Indications; no regulations
 A clash between IP and business name registration;
 Weak Enforcement;
 bureaucracy and impracticality of the court system, weak border
controls; innocent infringers;
 Strengthening and regulation of Copyright Management
Organisations;
 Only two CMOs in existence whose regulation is lacking;
 Incorporation of IP into academic syllabus;
 No autonomy of the IP office.

17. OTHER CHALLENGES;
 Low levels of sensitisation on IP matters;
 Laxity on the side of government;
 Weak coordination and institutional linkages of IP
stakeholders
 Limited funding of IP activities;
 A general undermining of capacity of IP to lead to
economic growth both by government and
various stakeholders;

18. CONCLUSION
 Generally the use of Intellectual Property in fostering
businesses is still low in Uganda, however, an increase in
awareness levels is starting to be noticeable especially
amongst universities, students and R&D institutes.
 The endeavours of the government to activate the IP field and
encourage the creativity and innovation of the IP creators is still
lacking. Most of the support is received from external
stakeholders. The laxity can be seen in the time it takes to
formulate and pass IP laws or policies.

19. Uganda; Country Projects
”FORMULATION OF AN INTELLECTUAL PROPERTY
AND TRADITIONAL KNOWLEDGE POLICY FOR THE
ROYAL KINGDOM OF BUGANDA”
&
”SENSITIZATION ON IP REGISTRATION ALONGSIDE
BUSINESS REGISTRATION(MOSTLY TARGETING
LOCAL TRADEMARKS)”