Region: Uganda

For this week’s blog post from the <em>WTR 1000</em> research team, it is timely to consider the current state of trademark protection in Africa.

15 August 2016

The High Court case <i>Nairobi Java House Ltd v Mandela Auto Spares Ltd</i> is a precedent-setting decision that takes a fresh look at the principle of territoriality in trademark protection.

31 March 2016

In <i>Vitafoam (U) Ltd v Euroflex Ltd</i>, the Uganda High Court has considered whether a claim based on passing off and trademark infringement had prescribed because the complaint was brought before the court more than six years after the alleged unlawful activity had commenced.

19 July 2011

Following intense lobbying from practitioners, the requirement that specifications of goods and services be worded exactly in accordance with the class headings as set out in the Nice Classification has been withdrawn. Moreover, the Trademarks Registry has announced that applications may now be filed claiming priority under the Paris Convention.

09 March 2011

The new Trademark Act has entered into force. One of the most significant amendments is the possibility to register service marks. Service providers, which have waited for a long time for their brands to be protected, have welcomed this development. Among other things, applicants are now required to conduct searches under Section 5 of the act.

22 October 2010

The Ugandan Parliament has passed the Trademarks Bill. One of the most significant amendments is the possibility to register service marks. Although the passing of the bill is to be welcomed, it is felt that the bill could have gone further, especially in terms of the protection of trademarks on the Internet.

18 May 2010

Uganda has adopted the Ninth Edition of the Nice Classification. Some practitioners interpreted this development to mean that service mark protection had become available in Uganda. However, the Ugandan authorities have confirmed that the law has not yet been amended to provide for service mark protection.

15 July 2009

The Parliament of Uganda has passed the Trade Secrets Bill 2007. The purpose of the bill is to provide legal protection to undisclosed information in commercial transactions. The bill protects such information against unlawful disclosure, acquisition or use by third parties in a manner contrary to honest commercial practice.

29 January 2009

Following a protracted review process spanning over five years, the government of Uganda has gazetted the Trademarks Bill 2008. Among other things, the bill introduces fines of up to 48 currency points (approximately $500) and/or a prison term of two years. The bill is due to be presented before Parliament in the near future.

07 October 2008

In <i>Société Bic Anonyme de Droit Français v Wenbara Trading Company Ltd</i>, the High Court of Uganda has awarded Société Bic Anonyme de Droit Français NUSh10 million in damages for inconvenience caused by the legal suit. This counterfeiting case was relatively straightforward, but it is arguably the first time that a Ugandan court has awarded damages based on inconvenience.

17 June 2008