Uganda is a member of the Banjul Protocol of ARIPO, no provision is made in Uganda’s national law for the recognition of ARIPO registrations in which Uganda is designated, nor for the filing of ARIPO applications in Uganda.

Provision is made in the Act for the registration of trade marks for goods and for services. However, as the Rules under the old Act are still in force, they make no provision for the classification or registration of services.

The Act also provides for certification marks as well as for defensive registration of trade marks, and for the registration of series of trade marks.

The Act further provides for the register to be divided into two Parts, Part A for trade marks which are distinctive, and Part B for trade marks which are capable of distinguishing.

Types of Trademarks registrable

Uganda operates a “Single- class” registration system (A separate application is required for each class of goods)
There are provisions for the registration of CERTIFICATION MARKS, DEFENSIVE MARKS and SERIES MARKS.
The International Classification of goods applies
There are no provisions for the registration of SERVICE MARKS

International and regional arrangements

Uganda is a member of the Paris convention, the Harare Protocol and the Lusaka Agreement (ARIPO), and also the Madrid Protocol on Marks

Documents required for trademark registration

• Details of the applicant
• Simply signed Power of Attorney
• Representation of the mark
• List of goods and / or services
• Certified copy of the priority document, where applicable

Renewals

Duration of registration is 7 years from filing date. Marks may be renewed for further periods of 10 years.

Documents required for renewals

• Power of Attorney (Simply signed)
• Certificate of trademark registration

Documents required for assignment applications

Assignment
1. Agreement (Simply Signed, Notarized and Legalized)
2. Power of Attorney of assignor
3. Power of Attorney of assignee

Documents required for license applications

• License Agreement (Notarized and Legalized)
• Power of Attorney of licensor
• Power of Attorney of licensee

Documents required for recordation of name/address change

• Documents of Proof (Notarized and Legalized )
• Power of Attorney

Patent protection is available via a national filing or via an ARIPO application designating Uganda. Uganda has implemented the Harare Protocol (which regulates patent filings in ARIPO) in its national law, thereby giving valid patent protection to applicants seeking to obtain a patent via an ARIPO application.

Uganda has also implemented in its national law, by way of the Patents (Amendment) Act, 2002 the necessary provisions to recognise international applications under the PCT and designating Uganda, and to deal with national phase PCT applications in Uganda. Therefore, Uganda can be designated in PCT international applications, and PCT national phase applications can be filed and processed in Uganda.

Filing Requirements

National Phase PCT Application

• Power of Attorney (simply signed)
• Specification, claims and abstract in English
• Formal drawings, if applicable
• IRelevant class(es) of the International Patent Classification
• Assignment of Invention
• Copy of Published International Application
• Copy of International Search Report
• Copy of International Preliminary Report on Patentability

Patents of Invention (Non-PCT)

• Power of Attorney (simply signed)
• Specification, claims and abstract in English
• Formal drawings, if applicable
• Assignment of Invention
• Priority document with verified English translation

Grant

The term of a patent is fifteen years from the filing date. However, the term of the patent may be extended for a further period of five years, provided that proof is furnished that the invention is being properly worked in Uganda at the date of the request or that there are legitimate reasons for failing to work the invention. It is our belief that the term of the ARIPO patent designating Uganda is twenty years without the need to apply for the extension. However there remains a level of uncertainty in this regard.

Renewal

Renewal fees fall due annually commencing on the first anniversary of the filing date.

A United Kingdom design extends automatically to Uganda. Design protection is also available via an ARIPO application designating Uganda. However, Uganda has not implemented the Harare Protocol as far as industrial designs are concerned. Accordingly, it is not clear whether the rights derived from a design registered through ARIPO will be enforceable in Uganda.

Uganda does not have a designs register yet

Uganda is not a member of the Berne Convention.

The law provides for copyright in respect of literary, scientific and artistic works, including:

• articles, books, pamphlets, magazines, lectures, addresses, sermons and other works of a similar nature
• dramatic and dramatic-musical works and musical works
• audiovisual works and sound recordings, including cinematographic works and other works of a similar nature
• choreographic works, pantomimes
• computer programs and electronic data banks and other accompanying materials
• works of painting, drawing, photography, typography, mosaic, architecture, sculpture, engraving, lithography and tapestry
• works of applied art, whether handicrafts or produced on industrial scale
• illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture and science
• derivative works which constitute original works
• works of folklore and traditional knowledge, science and art
• derivative works such as translations, adaptations, arrangements, and other transformation of pre-existing works; and collections of pre-existing works, like encyclopaedias and anthologies.

Excluded from protection are:

• ideas, concepts, procedures, methods or other similar things
• enactments, statutes, decrees, statutory instruments
• daily news, reports on current events or current information
• decrees, orders and decisions by courts or administrative bodies.