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Custom Recordal of IPRs in Uganda

Uganda

Custom Recordal of IPRs
No
No
No
The laws are as follows:
  • The Trademarks Act, 2010
  • The Penal Code
The procedure laid in the trademarks act and the penal code applies on both the export and import of goods.
Where an application has been made in furtherance of the provisions mentioned under the trademarks act or/and the penal code, it is the duty of the customs to inspect and withhold any allegedly infringing goods. It is also within their powers to enter any premises, shift, aircraft or vehicle for the purpose of whether or not there are any counterfeit goods therein.
There is no formal procedure for recording one’s rights with the customs. However, a request may be made to the competent authority or court for affecting the seizure by customs of goods, which are of infringing nature.
The applicant has to submit the proof of registration of one’s intellectual property rights, including other details leading to the suspicion that the goods of the importer/exporter are illicit or unauthorized.
No
There is no time limit prescribed as per which the customs authority has to notify the applicant whether his or her application has been approved or disapproved. The same has to be intimated as soon as possible.
The customs authority has a centralized system.
There is no online system for custom recordal in Uganda; instead, a written application has to be made with the court or the appropriate authority.
There is no formal fee for custom recordal.
Yes
Upon finding that the goods may be of infringing nature, the customs department/authority may suspend the clearance of imported goods.
It is the applicant who bears the liabilities and expenses related to the suspension of the release of infringing goods, unless otherwise ordered by the court.
Yes
Yes
Yes
Yes
No
No
The customs authority informs the counterparts, the alleged infringer and the IP rights holder. The proprietor of the intellectual property right has to then bring forth the order of the court to continue further detention until a final order concerning the goods and liability is made.
Yes, the rights holder and the importer have to be represented before the court to determine the authenticity of the goods. Upon the rights holder’s failure to do so, the proceeding is deemed terminated, and therefore, no further action by the customs can be taken, including the detention of the goods.
Before the disposal or destruction of the infringing goods, the court order has to be submitted.
For such goods to remain detained and subsequently destroyed, a court order is necessary, which can be an extremely onerous and expensive process, making it in many instances impractical as a tool to deal with counterfeits.
The court may require the submission of a few other documents depending on the facts and circumstances of each case.
Any person with an intention to defraud or to enable another to defraud any person, forges or counterfeits a trademark, commits an offence and is liable on conviction to a fine or imprisonment not exceeding 02 years or both.
No