Some Considerations on the Intellectual Property Legal Framework of Uganda: Enhancing an Exhaustive Industrial Properties Act

Does the Industrial Properties Bill (IPB) address Traditional knowledge as a branch or sui generis Intellectual Property (I.P), or should it be included, in light of the on-going debate at the WIPO (World Intellectual Property Organization) level? Another related point that could also be handled separately is: Can Traditional Knowledge be considered as prior art in opposing patent applications? Can we look at how India has gone ahead with the Digital library data base for its traditional knowledge as a fall back in addressing existing traditional aspects as prior art oppositions to patent applications? - It has been successful in opposing such applications in the U.S as well as in Europe. How adequately does the IPB provide for computer software as I.P? There does not appear to be any other Ugandan legislation that addresses the issue, including the new Cyber laws which are more focused on protecting the utilitarian aspects of Cyber space as opposed to the processing of I.T. The Copyright legislation gives very little provision over I.T and should not be left to handle I.P in I.T all by itself. Does the IPB address cross border measures on enforcement/infringement? Does it consider East African Community legislation which is considered superior to national legislation from member states? How adequate are the provisions on defenses to Patent infringement in the IPB? Does it address Invalidity; misuse; laches; equitable estoppel or term limit as part of the defenses? Trademarks are considered in some jurisdictions as part of Industrial Property under I.P legislation. How has the Bill addressed this since the Trademark Law is also separate and still new in Uganda (though also lacking in many respects)? How does the Bill address Industrial designs? Does it also consider them as Patentable or are we still stuck with the colonial U.K Designs Protection Act of Uganda?, Can we analyze provisions on patentable subjects, effectiveness of third party patent applications, parallel importing and compulsory licensing. Do the aforementioned provisions take full advantage of the TRIPS flexibilities? Can we pick references from key IP benchmarks from TRIPS agreement, the Doha Declaration, the Paris, Bern Conventions and any other relevant treaties or conventions to inform our local I.P Legislations? Silver Kayondo lawyerkayondo@gmail.com