The Civil, Administrative and Criminal Law Standards in Intellectual Property Enforcement in Uganda: The Good, the Bad and the Hoped-For
38 Pages Posted: 15 Aug 2010
Date Written: June 13, 2010
Uganda presently lacks a National Intellectual Property Policy framework developed and supported by all interested stakeholders, and covering the policy linkages between IP and public health (including implementation of the WTO Doha Declaration on the TRIPS Agreement and Public Health in Uganda); agriculture and the environment including Plant variety protection; education, science and technology; enterprise development and regulation; protecting Uganda's rich cultural heritage and traditional knowledge; and consumer interests.
This study therefore sets out to show how far Uganda has gone in stabilizing its Intellectual property rights environment, more especially in terms of enforcement of the rights involved. The first part of the study gives a summary of the Country profile with the objective of emphasizing the need for building on the Intellectual Property potential that Uganda has to offer in fostering knowledge – based economical growth.
The second part analyses the present regional and International IP Policy and legal framework from which Uganda derives its obligations as a member of the World Trade Organization. It proceeds to examine and discuss the efficacy of the enforcement mechanisms at the International and regional level particularly with Instruments ratified by Uganda. In the same vein, it also gives a connotational analysis of some issues prevalent in developing countries that are ignored by developed countries in their efforts to protect their trade interests through enforcement of Intellectual Property Rights.
The third part looks at the existing IP policy considerations, legal framework and Institutional framework in Uganda, including local jurisprudence related to IP, from which the enforcement mechanisms in place are determined. In the fourth part, this highlights the challenges and way forward for the future. It addresses recommendations as to how Uganda can come up with an effective enforcement structure for its IPR holders that befits the Country's political and socio-economic setting.
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