Geographical Indications Law in Uganda
Here’s an overview of Geographical Indications (GI) law in Uganda:
🇺🇬 Geographical Indications Law in Uganda
1. Legal Framework
Geographical Indications are protected under the Trademarks Act, 2010 (Cap 217) and the Trademarks Regulations, 2014.
The law is administered by the Uganda Registration Services Bureau (URSB).
Uganda is a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement, which mandates GI protection.
Uganda is also a member of the African Regional Intellectual Property Organization (ARIPO), which provides a regional framework for IP protection, including GIs.
2. Definition and Scope
A Geographical Indication identifies goods as originating from a particular place where a given quality, reputation, or other characteristic is essentially attributable to that place of origin.
GIs cover:
Agricultural products
Foodstuffs
Handicrafts
Industrial products linked to a geographical origin
3. Protection of GIs
Uganda’s law protects GIs from:
Unauthorized use
Misleading or false indications
Imitation that could deceive consumers
Protection applies even if the GI is not registered.
4. Registration Process
Although registration is not mandatory for protection, registering a GI provides stronger legal rights.
Applications are submitted to URSB.
Required information includes:
The name of the geographical indication
The goods to which it applies
Description of the geographical area
Evidence of link between the product and the geographical origin
Specifications and production methods
The application undergoes examination and publication.
There is a period for opposition by third parties.
If no opposition or if resolved in favor of the applicant, the GI is registered.
5. Rights and Duration
Registered GIs grant exclusive rights to producers in the defined geographical area who comply with the GI specifications.
Registration is valid for 10 years and renewable indefinitely.
Protection prevents others from using the GI in a way that misleads consumers or exploits the reputation of the GI.
6. Enforcement
Rights holders can enforce GIs through:
Civil litigation
Administrative actions by URSB
Customs measures to prevent import/export of infringing goods
Remedies include injunctions, damages, and seizure of counterfeit goods.
7. International Relations
Uganda recognizes foreign GIs under the TRIPS Agreement.
Participates in regional efforts through ARIPO to harmonize IP laws including GIs.
Uganda is also a member of the East African Community (EAC), which has initiatives for GI protection.
8. Examples
Uganda has emerging GIs like Buganda’s pineapple, Mt. Elgon honey, and Ugandan coffee which could benefit from GI protection.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Trademarks Act, 2010; TRIPS Agreement |
| Registration Authority | Uganda Registration Services Bureau (URSB) |
| Duration | 10 years, renewable |
| Eligible Products | Agricultural products, handicrafts, industrial goods |
| Protection Types | Registered and unregistered GIs |
| Enforcement | Civil, administrative, customs |
| International Compliance | TRIPS, ARIPO, EAC |
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