By John V Sserwaniko
In a bid to deepen understanding and enjoyment of rights available under the different legal instruments on Intellectual Property, URSB which is Uganda’s IPRs-enforcement body has commenced phased training for officials running the relevant entities and agencies. This week alone, URSB Executive Director Twebaze Bemanya led his team to Serena Hotel where they joined experts from World Intellectual Property Organization (WIPO) who were at hand to address judges on what it takes to equitably adjudicate IP-related disputes. Whereas judges had their training on Thursday, Wednesday was for DPP prosecutors and enforcement officers from Uganda Police Force and Uganda Revenue Authority. Mike Chibita personally attended full day. It was an opportunity for the URSB team, led by IP Director Mercy Kainobwisho, to lead the judges into reflective sessions focusing on the evolution of the IP systems in Uganda. Also reflected upon were the relevant laws and statutes enjoining courts to protect and enforce interests of IP rights holders. The theme was “Building Understanding & Respect for Intellectual Property for Judicial Officers” and on both days, the attendance was very impressive. Judicial officers kept time and followed with keenness as the likes of Bemanya, Justice Lydia Mugambe, Deputy AG Mwesigwa Rukutana and DJC Owiny Dollo made their submissions unanimously agreeing that the judicial streamlining of IP systems in Uganda was long overdue. There was also unanimity that with Uganda increasingly growing into a knowledge-based economy, the Judiciary would only ignore IP-related matters on its own peril. Bemanya explained that URSB liaised with international partners like WIPO to convene this two day training workshop not because they consider themselves too knowledgeable on the subject but to build complementarity and a shared deepened understanding on how to work together (as opposed to competing) to ensure IP rights holders in Uganda are sufficiently protected as they seek to commercialize their ideas, innovations and ultimately contribute to the country’s economic transformation. It’s extremely important that synergies are built because whereas URSB now has an Enforcement Unit, it can’t satisfy everybody because its inspectors and registrars mostly entertain complaints or disputes that are criminal in nature implying the mainstream judiciary still resolves most of the disputes that are civil in nature. Bemanya said with the necessary legal framework being adequately in place, the Judiciary have their work clearly cut out. Rukutana thanked URSB for expeditiously working hard to have the IP Policy in place. It’s now before cabinet which is expected to pass it in the coming weeks. Mercy Kainobwisho, a Director at URSB charged with IP matters, said the IP policy will strengthen enjoyment of IP rights besides making it possible for URSB to go about things in a multi-sectoral approach guiding the different MDAs on clear roles to play to enable the different IP rights holders to meaningfully contribute towards the realization of NDP II and ultimately Vision 2040 from which all National Development Plans are derived.
DCJ DOLLO’S MESSAGE
Speaking on behalf of his boss Bart Katurebe, the DCJ Owiny-Dollo commended URSB for ensuring all the necessary infrastructure for the protection and enforcement of IP rights (using the court system) is in place. Thomas Dillon, who represented the WIPO Director General based in Geneva, said Uganda was lucky to have an excellent bureaucrat like Bemanya whom he described “as passionate, knowledgeable, highly committed and charismatic.” Dillon said Bemanya has often been putting these good attributes to work during WIPO meetings in Geneva all aimed at making the world a better place. Speaking during the plenary session, judicial officers commended URSB for prioritizing their capacity building as partners in the protection and enforcement of IP rights. The judges and magistrates present seemed to unanimously agree that their colleague Lydia Mugambe’s paper titled “National Legal Framework for Enforcement of IP Rights in Uganda” was very enriching. To further demonstrate readiness to capacitate judges, URSB top management will be sponsoring 4 judges to participate in the upcoming IP world colloquium in Singapore. But as DCJ Dollo noted, the unflattering reality is that Intellectual Property remains one area where Ugandan judicial officers still have very limited knowledge because it’s generally a new arena despite the fact that the system has been evolving since the British colonial days. For comments, call, text or whatsapp us on 0703164755.
