Industrial Property Act

1. "ARIPO" means the African Regional Intellectual Property Organisation;
2. "ARIPO Office" means the secretariat managing the African Regional Intellectual Property Organisation (ARIPO), formerly known as Industrial Property Organisation, for the English-speaking Africa (ESARIPO) established by the Lusaka Agreement of 9th December 1976 as amended;
3. "Bureau" means the Uganda Registration Services Bureau established by the Uganda Registration Services Bureau Act;
4. "compulsory licence" means an authorisation given by the competent authority to a person, firm or a private or State-owned or State-controlled entity, to exploit a patent, a utility model, a layoutdesign or an industrial design in Uganda without the approval of the rights owner;
5. "concerned Minister" means the Minister to whose Ministry the information in an application relates;
6. "court" means the High Court of Uganda;
7. "cross-licence" means a licence to enable a person to use an own patent together with an earlier patent without which the own patent cannot be worked without infringing rights derived from the earlier patent;
8. "currency point" has the value assigned to it in the Schedule to this Act; "designated office" means an office designated under section 33; "divisional application" has the meaning given to it by section 22; "elected office" means an office designated under section 33;

30 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Registrar designated under the Uganda Registration Services Bureau Act shall be the Registrar of Industrial Property.
2. (2) The Registrar shall have a seal of a device approved by the Minister, but until the seal has been obtained, a stamp in a form approved by the Minister shall be issued instead of the seal.
3. (3) The impression of the seal or stamp shall be judicially noticed and admitted in evidence.
4. (4) Any act or thing directed to be done by or to the Registrar may be done by or to any officer authorised by the Minister.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The functions of the Registrar are-
2. (a) to receive, consider and grant applications for industrial property rights;
3. (b) to receive, and register technology transfer agreements and licences;
4. (c) to provide to the public industrial property information for technological and economic development and maintain links with users and potential users of industrial property information;
5. (d) to promote inventiveness and innovativeness in Uganda; and
6. (e) to perform any other functions for the better carrying out of this Act.
7. (2) In carrying out the functions of the Registrar, the Registrar shall liaise with relevant institutions.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Registrar shall maintain two registers one of which shall contain all industrial property applications received, and the other shall contain all industrial property and other rights granted under this Act, in which shall be recorded and numbered in the order of grant, and in respect of each patent, where appropriate, its lapse for non-payment of annual fees and all transactions to be recorded by virtue of this Act.
2. (2) A person may, during working hours, inspect the registers maintained under subsection (1) and may, subject to the payment of the prescribed fee and to any regulations made under this section, obtain extracts from them.
3. (3) The form of the registers shall be as prescribed by regulations.
4. (4) The register of patents shall be prima facie evidence of any matter required or authorised by or under this Act to be entered in the registers.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. No matter or thing done by any member, officer, employee or agent of the Registrar shall, if the matter or thing is done bona fide for executing the functions of the office of the Registrar, render the member, officer, employee or agent or any person acting on the directions of the Registrar personally liable for any action, claim or demand

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. Section 5 shall not relieve the Registrar of the liability to pay compensation or damages to any person for injury to that person, the property or any of the interests of that person caused by the performance of the functions conferred on the Registrar by this Act or by any other written law or by the failure, whether wholly or partially, of any works.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) For the purposes of this Part, "invention" means a solution to a specific problem in the field of technology.
2. (2) Subject to subsection (3), an invention may be or may relate to a product or a process.
3. (3) The following shall not be regarded as inventions and shall be excluded from patent protection-
4. (a) discoveries, scientific theories and mathematical methods;
5. (b) schemes, rules or methods for doing business, performing purely mental acts or playing games;
6. (c) diagnostic, therapeutic and surgical methods for the treatment of humans or animals;
7. (d) mere presentation of information;
8. (e) plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and micro-biological processes;

3 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. An invention is patentable if it is new, involves an inventive step, and is industrially applicable

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) An invention is new if it is not anticipated by prior art or where a person who is highly skilled in the relevant area could not derive the invention from a combination of prior disclosed art.
2. (2) For the purposes of this Act, prior art consists of everything made available to the public anywhere in the world by means of written disclosure including drawings, published patent applications, and other illustrations or by oral disclosure, use, exhibition or other non-written means, where the disclosure occurred before the date of filing of the application or, if priority is claimed, before the priority date validly claimed in respect of the application.
3. (3) For the purpose of the evaluation of novelty, an application for the grant of a patent or a utility model certificate in Uganda shall be considered to have been comprised in the prior art as from the filing date of the application, or if priority is claimed, as from the date of its validly claimed priority, to the extent to which its content is available, or is later made available, to the public in accordance with this Act or in accordance with the Patent Cooperation Treaty.
4. (4) For the purposes of subsection (2), a disclosure of the invention shall not be taken into consideration if it occurred within twelve months before the filing date or, where applicable, the priority date of the application and if it was by reason or in consequence of-
5. (a) acts committed by the applicant or the predecessor of the applicant in title; or
6. (b) an evident abuse committed by a third party in relation to the applicant or the predecessor of the applicant in title.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. An invention shall be considered as involving an inventive step if, having regard to the prior art relevant to the application claiming the invention it would not have been obvious to a person skilled in the art to which the invention relates on the date of the filing of the application or, if priority is claimed on the date validly claimed in respect of the invention

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. An invention shall be considered industrially applicable if, according to its nature, it can be made or used in any kind of industry, including agriculture, medicine, fishery and other services

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (b) inventions contrary to public order, morality, public health and safety, public policy, principles of humanity and environmental conservation.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Where an application for a patent is filed under this Act or under any international convention to which Uganda is a party, and it appears to the Registrar that the application contains information of a description notified to the Registrar by the concerned Minister as being information the publication of which might be prejudicial to the security of Uganda, the Registrar may give directions prohibiting or restricting the publication of that information or its communication to any specified person or persons.
2. (2) Where it appears to the Registrar that any application filed as described in subsection (1) contains information the publication of which might be prejudicial to the interest of the public, the Registrar may give directions prohibiting or restricting the publication of that information or its communication to any specified person or persons until the end of a period not exceeding three months from the end of the period prescribed in section 28.
3. (3) Where directions under this section are in force with respect to any application-
4. (a) if the application is made under this Act, it may be processed to the stage where it is in order for the grant of a patent, but shall not be published and any information relating to it shall not be communicated and no patent shall be granted in response to the application;
5. (b) if it is an application for an ARJPO patent, it shall not be sent to the ARIPO office; and
6. (c) if it is an international application for a patent, a copy of the application shall not be sent to the international bureau or to any international searching authority appointed under the Patent Cooperation Treaty.
7. (4) Where the Registrar gives instructions under this section in respect of an application, the Registrar shall give notice of the application and of the directions to the concerned Minister and the following provisions shall have effect-
8. (a) the concerned Minister shall, on receipt of the notice, consider whether the publication of the application or the publication or communication of the information in question would be prejudicial to the defence of Uganda or the safety of the public;

16 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Subject to this section, a person resident in Uganda shall not, without written authority granted by the Registrar, file or cause to be filed outside Uganda, an application for a patent, unless-
2. (a) an application for a patent for the same invention has been filed with the Registrar not less than six weeks before the filing of the application outside Uganda; and
3. (b) no directions have been given under section 13 in relation to the application in Uganda or any such directions given have been revoked.
4. (2) Subsection (1) does not apply to an application for a patent for an invention in respect of which an application for a patent has first been filed in a country outside Uganda by a person resident outside Uganda.
5. (3) Any person who files or causes to be filed an application for the grant of a patent in contravention of this section commits an offence and is liable, on conviction, to a fine not exceeding forty-eight currency points or to imprisonment for a term not exceeding two years, or both.
6. (4) In this section-
7. (a) a reference to an application for a patent includes a reference to an application for other protection for an invention; and
8. (b) a reference to either kind of application is a reference to an application under this Act, under the law of any country other than Uganda or under any international treaty or convention to which Uganda is a party.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Where an invention concerns a micro-biological process or the product of that process and involves the use of a micro-organism which is not available to the public and which cannot be described in the patent application in such a manner as to enable the invention to be carried out by a person skilled in the art, the invention shall only be regarded as disclosed if-
2. (a) a culture of the micro-organism has been deposited with a depository institution not later than the date of filing of the application;
3. (b) the application as filed gives such relevant information as is available to the applicant on the characteristics of the microorganism; and
4. (c) the depository institution and the file number of the culture deposit are stated in the application.
5. (2) The information referred to in subsection (1)(b) may be submitted within sixteen months after the date of filing of the application or, if priority is claimed, after the priority date.
6. (3) The deposited culture shall be made available upon request of any person having the right to inspect the files.
7. (4) Where a deposited micro-organism ceases to be available from the institution with which it was deposited because-
8. (a) the micro-organism is no longer viable; or

3 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Subject to this section, the right to a patent belongs to the inventor.
2. (2) Where two or more persons have jointly made an invention the right to the patent belongs to them jointly.
3. (3) Where two or more persons have made the same invention independently of each other, the person whose application has the earliest filing date, or if priority is claimed, the earliest validly claimed priority date that leads to the grant of a patent, has the right to the patent.
4. (4) The right to a patent may be assigned or may be transferred by succession.
5. (5) Sections 50 to 64 apply, with the necessary modifications, to contracts assigning the right to a patent.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. Where an applicant has obtained the essential elements of the invention which is the subject of the application of the applicant from the invention of another person, the applicant shall, unless authorised by the person who has the right to the patent or who owns the patent, assign to that person the application or, where the patent has already been granted, the patent

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Notwithstanding section 17 and in the absence of a contract to the contrary, the right to a patent for an invention made in execution of a commission or of a contract of employment, belongs to the person having commissioned the work or to the employer.
2. (2) Where the invention referred to in subsection (1) is of exceptional importance, the employee has a right to equitable remuneration taking into consideration the salary of the employee and the benefit derived by the employer from the invention.
3. (3) Subsection (1) applies where a contract of employment does not require the employee to exercise any inventive activity but when the employee has made the invention by using data or means available to the employee during his or her employment.
4. (4) In the circumstances referred to in subsection (3), the employee has a right to equitable remuneration taking into account the salary of the employee, the importance of the invention and any benefit derived from the invention by the employer.
5. (5) In the absence of an agreement between the parties, the court shall fix the remuneration.
6. (6) An invention made without any relation to an employment or contract of service and without the use of the employer's resources, data, means, materials, installations or equipment belongs solely to the employee or the person commissioned.
7. (7) This section, where relevant, applies directly or indirectly to a Government department or an agency of Government or a similar organisation.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The inventor shall be named as inventor in the patent application and in the patent unless in a special written declaration addressed to the Registrar, the inventor indicates that he or she wishes not to be named.
2. (2) A promise or an undertaking by the inventor made to any person to the effect that the inventor will make the declaration referred to in subsection (1) has no legal effect.
3. (3) Where two or more persons have made the same invention independently of each other, the person whose application has the earliest filing date or, if priority is claimed, the earliest validly claimed priority date shall have the right to the certificate, as long as the application is not withdrawn, abandoned or rejected.
4. (4) In order to establish the right of preference, the Registrar shall take into account the matter claimed in the applications.
5. (5) Where an invention is made in execution of an employment contract the purpose of which is to invent, the right to the patent shall belong, in the absence of contractual provisions to the contrary, to the employer.
6. (6) Where the economic gains extracted by the employer are disproportionately high as compared to the employee's salary and the reasonable expectations of gain that the employer had from the employee's inventive output at the time the employer hired the employee, the employee is entitled to an equitable remuneration.
7. (7) Where an invention is made by an employee not in execution of an employment contract, and where for making that invention the employee used materials or data know-how of the employer, the right to the patent shall belong, in the absence of contractual provisions to the contrary, to the employer.
8. (8) The employee is entitled to a remuneration that is at least equivalent to one-third of the net direct and indirect gains obtained by the employer from exploiting the invention.

6 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) An application for a patent shall be filed with the Registrar and shall contain-
2. (a) a request;
3. (b) a description of the invention;
4. (c) one or more claims;
5. (d) one or more drawings, where necessary;
6. (e) an abstract; and
7. (f) such other details as shall be prescribed by regulations made under this Act.
8. (2) Where the applicant's ordinary residence or principal place of business is outside Uganda, the applicant shall be represented by an advocate of the High Court of Uganda.

19 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept.
2. (2) The regulations shall contain rules concerning compliance with the requirements of unity of invention under subsection (1).
3. (3) The fact that a patent has been granted on an application that did not comply with the requirements of unity of invention shall not be a ground for the invalidation or revocation of the patent.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The applicant may amend the application, but the amendment shall not go beyond the substance of the disclosure made by the applicant in the initial application.
2. (2) The applicant may divide the initial application into one or more applications, referred to in this Act as "divisional applications" but each divisional application shall not go beyond the disclosure made in the initial application.
3. (3) Each divisional application is entitled to a filing date and where appropriate, the priority date of the initial application.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The application may contain a declaration claiming the priority, as provided for in the Paris Convention, of one or more earlier national or regional applications filed by the applicant or the predecessor of the applicant in title in or for any State party to the Paris Convention and any member of the World Trade Organisation.
2. (2) Where the application is filed in Uganda before the expiration of the periods referred to in subsection (1), the application shall not be invalidated by reason of an act accomplished in the interval, in particular, another filing, the publication or exploitation of the invention, and those acts shall not give rise to any third-party right or any right of personal possession.
3. (3) The period of priority under subsection (1) is twelve months and shall be counted according to the provisions of article 4 of the Paris Convention.
4. (4) Where the application contains a declaration under subsection (1), the Registrar may request that the applicant furnish, within the prescribed time, a copy of the earlier application certified as correct by the industrial property office with which it was filed.
5. (5) The Registrar shall accept the form and the content of the certification mentioned in subsection (4) as determined by the certifying authority.
6. (6) Where the Registrar finds that the requirements under this section and the regulations relating to those requirements have not been complied with, the declaration shall be considered not to have been made.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) At the request of the Registrar, an applicant shall furnish the Registrar with the date and number of any application for a patent or other title of protection filed by the applicant with the office responsible for registration of industrial property of another country or with a regional industrial property office, in this Act referred to as a "foreign application", relating to the same invention as that claimed in the application filed with the Registrar.
2. (2) The applicant shall, at the request of the Registrar, furnish the Registrar with the following documents relating to one of the foreign applications within sixty days-
3. (a) copies of any communication received by the applicant concerning the results of a search or examination carried out in respect of the foreign application;
4. (b) a copy of the patent or other title of protection granted on the foreign application; and
5. (c) a copy of any final decision rejecting the foreign application or refusing the grant requested in the foreign application.
6. (3) The applicant shall, at the request of the Registrar, furnish the Registrar with a copy of any decision revoking or invalidating the patent or any other title of protection granted to the applicant on the basis of the foreign application.
7. (4) The applicant shall, at the request of the Registrar, furnish the Registrar with copies of any communication received by the applicant concerning the results of any search or examination carried out in respect of any foreign application other than the one referred to in subsection (2).
8. (5) The documents furnished under this section shall only serve the purpose of facilitating the evaluation of novelty claimed in the application filed with the Registrar or in the patent granted on the basis of that application.

2 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The application shall be subject to payment of the prescribed fees.
2. (2) The Registrar may waive the whole or part of the fees in such manner and under such circumstances as may be prescribed.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. The applicant may withdraw the application at any time before the grant of a patent or before the notification of rejection of the application or before the refusal to grant a patent; but if the applicant withdraws the application, the applicant shall forfeit the prescribed fees paid

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Registrar shall accord as the filing date the date of receipt of the application, if, at the time of receipt, the application contains-
2. (a) an express or implicit indication that the granting of a patent is sought;
3. (b) indications allowing the identity of the applicant to be established;
4. (c) a part which, on the face of it, appears to be a description of an invention; and
5. (d) one or more claims identifying the characteristic elements of the invention.
6. (2) Where the Registrar finds that the application does not, at the time of receipt, fulfill the requirements referred to in subsection (1), the Registrar shall invite the applicant to file the required correction and shall accord as the filing date the date of receipt of the required correction, but if no correction is made, the application shall be treated as if it had not been filed.
7. (3) Where the application refers to drawings which are not included in the application, the Registrar shall invite the applicant to furnish the missing drawings.
8. (4) If the applicant complies with the invitation under subsection (3), the Registrar shall accord as the filing date the date of receipt of the missing drawings.

10 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Registrar shall publish the application as soon as possible after the expiration of eighteen months from the filing date or, where priority is claimed, from the date of priority.
2. (2) For the purposes of subsection (1), in the case of applications claiming priority, the period of eighteen months shall be construed from the original filing date and in the case of applications with two or more priority claims, the period shall be construed from the earliest priority date.
3. (3) The publication of the patent application shall be effected by publishing the particulars set out in the regulations, in the Gazette and a newspaper of wide circulation.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Registrar may direct that an application which is found in order as to form be the subject of an international type-search.
2. (2) When a direction under subsection (1) is made, the Registrar shall request the applicant to pay the prescribed fee; and if the applicant does not comply with the request, the application shall be rejected.
3. (3) Upon receipt of the report on the international type-search, the Registrar may request the applicant to furnish him or her with a copy of any document cited in the report, and if without lawful reason any copy is not furnished within the prescribed time limit, the Registrar shall reject the application.
4. (4) Where it is apparent from the report on the international typesearch or from the declaration on the non-establishment of the report, that the subject of the application or of any claim or claims is not an invention, the Registrar shall reject the defective application or consider the defective claim or claims to be withdrawn, as the case may be, unless the applicant satisfies the Registrar that the subject of the application or claims constitutes an invention.
5. (5) Where it is apparent from the report on the international typesearch or from the declaration on the non-establishment of the report, that-
6. (a) the description, the claim or, where applicable, the drawings do not comply, in whole or in part, with the prescribed requirements to such an extent that no meaningful search could be carried out;
7. (b) the application does not comply, in whole or in part, with the requirements of unity of invention prescribed by section 21 and the rules pertaining to it; or
8. (c) the invention claimed in the application does not fulfil the requirements of novelty, the Registrar shall reject the application unless the applicant either satisfies the Registrar that the requirements have been fulfilled or amends or divides the application so as to comply with the requirements.

1 further item remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Registrar may, by notice in the Gazette-
2. (a) direct that an application for a patent which relates to a specified field or specified technical fields shall be subject to an examination as to substance; or
3. (b) amend any direction issued under paragraph (a).
4. (2) Where an application for a patent satisfies the requirements specified in section 27(1) and the subject matter of the application does not fall within a technical field specified under subsection (1), the Registrar shall notify the applicant and the applicant shall, within three years from the filing date of the application, submit a request in the prescribed form for the examination of the application under subsection (4).
5. (3) Where no request is made under subsection (2) within the prescribed period, the application shall be taken to be abandoned.
6. (4) Where a request is filed under subsection (2), the Registrar shall cause an examination of the application to be made as to whether-
7. (a) the invention in respect of which the application is made is patentable within the meaning of this Act; and
8. (b) the application complies with the requirements of section 20(5) and (6).

6 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Unless an application has been rejected or a patent has been refused under section 30, a patent shall be granted and issued to the applicant in the prescribed form.
2. (2) A patent granted under subsection (1) shall be registered, and shall, as soon as reasonably practicable, be published by the Registrar in the Gazette.
3. (3) The Registrar shall, whenever possible, reach a decision on he application not later than two years from the commencement of the examination referred to in section 30.
4. (4) The Registrar shall, upon the request of the owner of the patent, make any change in the text of drawings of the patent in order to limit the extent of the protection conferred by it, where the change would not result in the disclosure contained in the patent going beyond the disclosure contained in the initial application on the basis of which the patent was granted.
5. (5) In the event that a patent is granted, any interested party may petition the Registrar to reconsider the grant on the grounds that the patent fails any requirement of this Act.
6. (6) A petition under this section shall be filed within one calendar year of the published grant of the patent and shall specify the grounds for the petition.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (b) rejects the application;
2. (c) treats the application as if it had not been filed;
3. (d) considers any of the claims to be withdrawn; or
4. (e) refuses to grant a patent.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The registry shall act as a receiving office where an international application is filed with it by a national or a resident of Uganda.
2. (2) The registry shall act as a designated office or an elected office in the case of any international application in which Uganda is designated or elected for a national patent.
3. (3) The functions of the registry under this Part shall be performed in accordance with the Patent Cooperation Treaty, the regulations made under it and the administrative instructions issued under the regulations of the Patent Cooperation Treaty and with the provisions of this Act and the regulations made under the Act.
4. (4) In case of conflict, the provisions of the Patent Cooperation Treaty, the regulations and the administrative instructions issued under it shall apply.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Where an international search report is not established or relates to only one or some of the claims of an international application, the Registrar shall reject the international application or consider withdrawing the claim or claims which are not covered by the report, as the case may be, except to the extent that the applicant satisfies the Registrar that the non-establishment of the report in whole or in part was not justified.
2. (2) Where the international search report which relates to one or some of the claims due to the applicant's refusal to pay additional fees, those parts of the international application which consequently have not been searched shall be considered withdrawn unless the applicant divides out from the application as provided for in section 22(2) the parts concerned or satisfies the Registrar that the request to pay the additional fees was not justified.
3. (3) Where an international preliminary examination report with respect to an international application has been communicated to the Registrar, the following provisions shall apply-
4. (a) where, in the case of lack of compliance with the requirements of unity of invention, the international preliminary examination report indicates that the international preliminary examination was carried out on restricted claims, or was carried out on the main invention only, those parts of the international preliminary examination shall be considered withdrawn unless the applicant divides the application into divisional applications in accordance with section 22(2) in parts concerned or satisfies the Registrar that the invitation of the international preliminary examining authority was not justified; and
5. (b) where the international preliminary examination report states, with respect to the entire international application or one or some of its claims only, the opinion that a defect under article 34(4)(a) of the Patent Cooperation Treaty exists under the international application or the claim or claims, as the case may be, the application shall be considered withdrawn unless the applicant satisfies the Registrar that the defects do not exist.
6. (4) The Registrar may refuse to grant a patent if it is apparent from an international search report or an international preliminary examination report that the invention which is claimed in an international application does not fulfill the requirements of novelty, inventive step, industrial applicability, or required disclosure unless the applicant either satisfies the Registrar that the requirements have been fulfilled or amends the claims in such a way that fulfils the requirements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Relief against infringement may be sought in respect of acts committed before the grant of the patent but after the date of international publication under the Patent Cooperation Treaty, where the international publication is effected in English.
2. (2) If the international publication is effected in a language other than English, subsection (1) shall apply where the applicant has transmitted an English translation of the international publication to the infringer and only in respect of acts committed by the latter after the infringer had received the transaction.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. An international application which is published under article 21 of the Patent Cooperation Treaty and in which Uganda is designated for a national patent shall be treated as published under section

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The applicant or the owner of an invention has the right-
2. (a) on fulfilling the relevant requirements under this Act, to be granted the patent; and
3. (b) to make, use, exercise and sell the invention exclusively, and may preclude any person from exploiting the patented invention without the authorisation of the applicant or the owner of an invention by any of the following acts-
4. (i) where the patent has been granted in respect of a product, making, importing, offering for sale, selling and using the product or stocking the product for the purposes of offering for sale, selling or using the product; or
5. (ii) where the patent has been granted in respect of a process or doing any of the acts referred to in paragraph (a) in respect of a product obtained by means of that process.
6. (2) After the grant of the patent, and within the terms of this section, the owner of the patent has the right to preclude any person from exploiting the patented invention in the manner referred to in subsection (1).
7. (3) The owner of a patent may assign or transfer by succession the application for a patent or the patent.
8. (4) The applicant or the owner of a patent may conclude licence contracts as provided for in Part X of this Act and be subject to the obligations referred to in section 38.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (b) to give information concerning corresponding foreign applications and grants including denials, revocations, invalidations, suspensions or lapses;
2. (c) to pay fees to the Registrar, as prescribed in this Act and the regulations, subject to the sanctions provided for under this Act;
3. (d) to work the patented invention in the country within the time limit prescribed;
4. (e) in connection with licence contracts and contracts assigning patents or patent applications, to refrain from making undesirable provisions referred to in section 54.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The owner of a patent has the right-
2. (a) to obtain an injunction to restrain the performance or the likely performance, by any person without authorisation by the owner of a patent, of any of the acts referred to in section 37;
3. (b) to claim damages from any person who, having knowledge of the patent, performs any of the acts referred to in section 37, without the owner's authorisation;
4. (c) to claim compensation from any person who, without authorisation by the owner of a patent, performs any of the inventions claimed in the published application, as if a patent had been granted for that invention.
5. (2) The right under subsection (1) is only exercisable where the person referred to in that subsection has at the time of the performance of the act-
6. (a) actual knowledge that the invention that he or she is using is the subject matter of a published application; or
7. (b) received written notice that the invention that he or she is using is the subject matter of a published application, and the application is identified in that notice by its serial number.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Notwithstanding section 37, a patent has no effect against any person, in this Act referred to as "the prior user" who, in good faith, for the purposes of the enterprise or business of that person, before the filing date or, where priority is claimed, the priority date of the application on which the patent is granted, and within the territory where the patent produces its effect, is using the invention or is making effective and serious preparations for that use.
2. (2) A person referred to in subsection (1) has the right, for the purposes of the enterprise or business of that person, to continue the use or to use the invention as envisaged in the preparations referred to in subsection (1).
3. (3) The right of the prior user may only be transferred or may only devolve together with the enterprise or business or with that part of the enterprise or business of the prior user in which the use or preparations for use is or are made.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. The scope of the protection afforded under this Part to a patent shall be determined by the terms of the claims but where they are inadequate, the description and drawings included in the patent may be used to interpret the claims

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The rights under the patent extend only to acts which are done for industrial or commercial purposes but do not extend to acts which are done for scientific research.
2. (2) The rights under the patent do not extend to acts in respect of articles which have been put on the market in Uganda or in any other country or imported into Uganda by the owner of the patent or with the consent of the owner of the patent.
3. (3) The rights under the patent do not extend to the use of articles on aircraft, land vehicles or vessels of other countries, which temporarily or accidentally enter the airspace, territory or waters of Uganda.
4. (4) The rights of the patent do not extend to variants or mutants of living forms or replicable living matter that is distinctively different from the original for which patents were obtained where those mutants or variants are deserving of separate patents.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (b) to make use of a patented invention for teaching or educational purposes;
2. (c) to carry out acts, including testing, using, making or selling a patented invention solely for the purposes reasonably related to the development and submission of information required under any law of Uganda or of another country which regulates the manufacture, construction, use or sale of any product;
3. (d) to make use of the patented invention in relation to the preparation for individual cases, in a pharmacy or by a medical doctor, of a medicine in accordance with a medical prescription; and
4. (e) to manufacture and export to another country a patented health care invention where the export of the invention addresses a health need identified by the other country, where-
5. (i) the product is either not patented in the third country; or
6. (ii) the government of another country has authorised use of the patent without the consent of the patent owner and the production for export of the invention is intended only for the market of the third country.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. A patent, in respect of which Uganda is a designated State, granted by ARIPO by virtue of the Harare Protocol has the same effect in Uganda as a patent granted under this Act except where the Registrar communicates to ARIPO, in respect of the application of the patent, a decision in accordance with the provisions of the Protocol that if a patent is granted by ARIPO, that patent shall have no effect in Uganda

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. A patent shall expire at the end of twenty years from the filing date of the application

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) In order to maintain the application or the patent, an annual fee shall be paid in advance and in the manner prescribed, to the Registrar.
2. (2) The fee shall be due at the end of the day immediately before each anniversary of the date of filing of the application.
3. (3) A grace period of six months shall be granted for the payment of the annual fee upon payment of the prescribed surcharge.
4. (4) If an annual fee is not paid in accordance with this section, the application shall be taken to have been withdrawn or the patent shall lapse and the relevant invention shall cease to be protected.
5. (5) The Registrar shall immediately publish the lapse of any patent under subsection (4).
6. (6) Within six months from the expiration of the grace period referred to in subsection (3), an interested person may, upon payment of the prescribed fee, request the Registrar to restore the application that is taken to have been withdrawn or a patent that has lapsed, by virtue of subsection (4).
7. (7) Upon a request under subsection (6), the Registrar shall, if satisfied that the failure to pay the annual fee is not intended, subject to the payment of the annual fee, make an order restoring the application or the patent as the case maybe.
8. (8) Where a patent is restored, no proceedings shall be brought in respect of the patent-

2 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A contract assigning a patent or application for a patent shall be in writing and shall be signed by the party making the assignment.
2. (2) A change in the ownership of a patent or an application for a patent shall, upon payment of the prescribed fee, be recorded in the patent register.
3. (3) Until the change has been recorded, a document evidencing the change in ownership shall not be admitted in any proceedings as evidence of the title of a person to an application or a patent, unless the court other wise directs.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) In the absence of an agreement to the contrary between the parties, joint owners of a patent or an application for a patent may, separately-
2. (a) transfer their shares in the patent or the application for the patent;
3. (b) exploit the protected patent, and preclude any person from exploiting the patent.
4. (2) The joint owners may only jointly grant permission to any third person to do any of the acts referred to in section 37.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) In the absence of any provision to the contrary in a licence contract, the licensee is entitled to do any of the acts referred to in section 37 in respect of the invention, without limitation as to time, in Uganda and in any field of use of the invention, utility model or industrial design.
2. (2) Subject to subsection (1), the licensee may not grant permission to a third person to do any of the acts referred to in section 37.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) In the absence of any provision to the contrary in the licence contract, the licensor may grant permission to any person to do or may him self or her self do, any of the acts, which constitute exercising the rights of ownership.
2. (2) Where the licence contract provides that the permission granted by the licence contract is exclusive, the licensor may neither grant permission to a third person to do any of the acts referred to in section 37 and covered by the licence contract, nor do any of those acts, and the licensee shall be considered an exclusive licensee for the purposes of this Act.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (b) the application is rejected; or
2. (c) that patent is revoked or declared invalid, the court may on the application of the aggrieved party, make any order it considers reasonable under the circumstances for the repayment of the royalties or the return of any consideration paid or given under the licence contract and directly relating to the application or patent.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. All licence contracts shall be in writing and shall be signed by the parties to the contract

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) All licence contracts, including modifications of them, shall be submitted to the Registrar for registration in the patent register.
2. (2) A petition for registration under subsection (1) may be made by any party to the contract and shall be accompanied by the documents and the prescribed fees.
3. (3) The Registrar shall issue to the applicant a receipt, which shall be proof of the fact of filing the petition and of the date on which it was filed.
4. (4) Where no receipt is issued within fourteen days from the date of the petition, the petitioner may rely on other evidence to prove the fact and date.
5. (5) Where-
6. (a) section 51 or subsections (2), (3) and (4) of this section and the rules relating to the licence contract, have not been complied with; or
7. (b) the licence contract cannot be registered under section 54, the Registrar shall refuse to register the licence contract and shall state the reasons for the refusal.
8. (6) Before refusing to register the licence contract, the Registrar shall notify the petitioner and allow the parties-

4 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Registrar may refuse to register a licence contract if the Registrar is of the opinion that any clause in the licence contract imposes unjustified restrictions on the licensee with the consequence that the contract, taken as a whole, is harmful to the economic interests of Uganda.
2. (2) Without prejudice to subsection (1), the following terms in a licence contract shall be taken to have the effect described in that subsection
3. (a) require payment of a price, royalty or other consideration which is disproportionate to the value of the technology to which the licence contract relates;
4. (b) require the licensee to acquire any materials from the licensor or from sources designated or approved by the licensor unless it is practically impossible to ensure the quality of the products to be produced;
5. (c) prohibit the licensee from acquiring or to restrict the acquisition by the licensee of any materials from any source, unless it is practically impossible to ensure the quality of the products to be produced;
6. (d) prohibit the licensee from using, or to restrict the use of any materials by the licensee which are not supplied by the licensor or by sources designated or approved by the licensor, unless it is practically impossible to ensure the quality of the products to be produced;
7. (e) require the licensee to sell products produced by the licensee under the contract exclusively or principally to persons designated by the licensor;
8. (f) limit the volume of the products produced by the licensee with the help of the technology to which the licence contract relates;

22 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Where the Registrar finds that the licence contract may be registered, the Registrar shall register the contract and issue a certificate of registration to the petitioner.
2. (2) Where the Registrar fails to notify the petitioner-
3. (a) of a defect in the petition or of terms or defects precluding registration of the licence contract within ninety days after the date of the petition; or
4. (b) of his or her decision to refuse to register the licence contract within ninety days after the date of notification referred to in paragraph (a), the licence contract shall be presumed to have been registered and the Registrar shall issue a certificate of registration to the petitioner.
5. (3) The registration shall take effect-
6. (a) if the petition was made within sixty days from the date of conclusion of the contract, on the date of the conclusion of the licence contract; and
7. (b) in all other cases, on the date of the petition.
8. (4) When the petition is corrected or the licence contract is amended under section 53(6), the petition shall be taken to have been received on the date when the correction or amendment is made.

6 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A petitioner who is aggrieved by a decision of the Registrar to register a licence contract may appeal against the decision of the Registrar to the court within two months after the Registrar's refusal to register the licence contract.
2. (2) The grounds of an appeal under this section shall be limited to the following-
3. (a) that the decision of refusal contains no statement of the reasons for the refusal;
4. (b) that none of the reasons specified in the decision is valid under this Act or that the reason was wrongly applied to the petitioner or to the licence contract; or
5. (c) that the procedure applied by the Registrar was irregular and prejudicial to the rights of the petitioner.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) After the expiration of four years from the filing date of an application or three years from the grant of a patent, whichever last expires, a person may apply to the Minister for a licence to exploit the patented invention on the grounds that the market for the patented invention is not being supplied or is not being supplied on reasonable terms, in Uganda.
2. (2) Notwithstanding subsection (1), a non-voluntary licence shall not be granted if the owner of the patent satisfies the Minister that circumstances exist which justify the fact that the market for the patented invention is not being supplied or is not being supplied on reasonable terms in Uganda.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Where a patented invention cannot be worked without infringing the rights derived from an earlier patent, the owner of the later patent may request the Minister for the grant of a compulsory licence with respect to the earlier patent to the extent necessary for the working of the invention, if the invention constitutes an important technical advance of considerable economic significance in relation to the invention claimed in the earlier patent.
2. (2) The owner of the first patent is entitled to a cross-licence on reasonable terms to use the invention claimed in the second patent.
3. (3) The use authorised in respect of the first patent shall be non-assignable except with the assignment of the second patent.
4. (4) In this section, "earlier patent" or "first patent" means a patent granted on an earlier application or benefiting from an earlier validly claimed priority date, and "later patent" or "second patent" shall be construed accordingly.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A compulsory licence shall not be granted unless the person requesting the licence-
2. (a) satisfies the Minister that the person has requested the owner of the patent for a contract licence but has been unable to obtain the licence contract on reasonable commercial terms and within a reasonable time; and
3. (b) off ers a guarantee satisfactory to the Minister to work the relevant invention sufficiently to remedy the deficiencies or to satisfy the requirements which gave rise to the request.
4. (2) The requirement under subsection (l)(a) shall be waived in the case of a national emergency or other circumstances of extreme urgency or where the application is based on anti-competitive practices; except that the Registrar shall notify the owner of the patent as soon as reasonably possible of the waiver.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) When considering a request for a compulsory licence, the Minister shall decide whether a compulsory licence may be granted and shall, if it decides in favour of the grant and after taking into account any terms agreed by the parties, proceed to fix the terms which shall be taken to constitute a valid contract between the parties and shall be governed by the provisions on contractual licences.
2. (2) When fixing the terms under subsection (1), the Minister shall ensure that the compulsory licence-
3. (a) is limited in scope and duration to the purpose for which it was authorised, and in the case of semi-conductor technology, shall only be for public non-commercial use or to remedy a practice determined after a judicial or administrative process to be anticompetitive;
4. (b) is limited predominantly for the supply of the regional market;
5. (c) does not entitle the licensee to grant further licences without the consent of the owner of the patent;
6. (d) is non-exclusive; and
7. (e) provides for payment to the owner of the patent of remuneration which is equitable having regard to all the circumstances of the case, including the economic and social value of the licence.
8. (3) A representative of the Registrar and the patent owner shall have the right to appear and be heard at the hearing before the Minister of an application for a compulsory licence.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. A compulsory licence may be transferred only with that part of the industrial undertaking or its goodwill in which the relevant invention is used and the transfer shall not be valid until the consent of the Minister is obtained

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) On the application of an interested party, the Minister may cancel a compulsory licence if-
2. (a) the licensee fails to comply with the terms of the licence; or
3. (b) the conditions which justify the grant of the licence have ceased to exist and are unlikely to recur, but the legitimate interests of the licensee shall be adequately protected.
4. (2) On the application of the owner of the patent, the Minister may cancel the compulsory licence if, within two years from the grant of the licence, the licensee has not taken the necessary steps to work the relevant invention sufficiently so as to remedy the deficiencies or to satisfy the requirements which gave rise to the application for the licence.
5. (3) On the application of the owner of the patent or the licensee, the Minister may vary the terms of a compulsory licence if new facts on the owner's part justify the variation and in particular if the patent owner has granted a contractual licence on more favourable terms.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. Where the Minister grants, cancels or varies the term of a compulsory licence, the Minister shall instruct the Registrar to record the grant, cancellation or variation in the register without payment of any fee

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The owner of the patent may request the Registrar to make an entry in the register to the effect that a licence under the patent is to be available as of right.
2. (2) The request shall be notified by the Registrar to the licensee under the patent.
3. (3) A licensee may, within the prescribed time limit, object to the entry requested under subsection (1) on the ground that the owner of the patent is, by the relevant licence contract, precluded from granting further licences.
4. (4) Where the Registrar receives no objection under subsection (3) or considers all objections made to be unfounded, the Registrar shall make the requested entry in the register and shall publish the entry.
5. (5) Where a patent is the subject of an entry under this section, a person may require the owner of the patent to grant to that person a nonexclusive licence under the patent on terms which in the absence of an agreement between the parties, shall be fixed by the court.
6. (6) The amount of the annual fees with respect to a patent which is the subject of an entry under this section that falls due after the date of the entry, shall be reduced by half.
7. (7) The owner of the patent may at anytime request the Registrar to cancel an entry under this section and the Registrar shall cancel the entry after payment by the owner of the balance of all annual fees which would have been payable if no entry had been made and the Registrar shall publish the cancellation of any entry under this section.
8. (8) Section 62(3) shall apply, with the necessary modifications, where the terms of a licence granted under subsection (5) have been fixed by the court.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Subject to this section, where-
2. (a) the public interest, in particular, national security, nutrition, health, environmental conservation, national emergency or the development of other vital sectors of the national economy requires; or
3. (b) the Registrar determines that the manner of exploitation of an invention by the owner of the patent or the licensee of the owner of the patent is not competitive, the Minister may, upon application to him or her in the prescribed form and after consultation with the Registrar and the owner of the patent, order that the protected invention shall be exploited by a Government ministry, a department, an agency or other person as the Minister may designate in the order subject to the payment of adequate compensation to the owner of the patent in accordance with this section.
4. (2) An order under subsection (1) shall remain in force until it is revoked by the Minister in writing, after giving six months prior notice of his or her intention to revoke, to the party named or described in the order.
5. (3) An order made under subsection (2) shall not require the payment of compensation to the owner of the patent or licence holder or any other party interested.
6. (4) The Minister may, notwithstanding any of the measures set out in this section, by written order authorise the utilisation of any process for the manufacture, sale or supply of any molecule or substance, by any individual, corporation, society or other enterprise named or described in the order without notice to the patent holder or any other noticeable party.
7. (5) An order under subsection (4) shall remain in force until revoked by the Minister in writing, after giving six months prior notice of intention to revoke to the party named or described in the order.
8. (6) An application shall not be made under subsection (1) unless the applicant has unsuccessfully sought a licence contract from the owner of the patent.

12 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Minister is entitled to claim proprietary interests in any patent application filed or granted that does not comply with section 20(6) and (7) as regards genetic resources.
2. (2) The Minister shall notify the Registrar to assign to the ministry, or to any agency or entity designated by the competent authority, a share in the application or in the resulting patent, which shall not be less than twenty percent of the ownership of the claimed invention.
3. (3) Where the non-compliance with section 20(6) and (7) in relation to genetic resources generates strong public concern and is likely to give rise to breach of morality and public order, the competent authority, if vested with the total ownership of the application or the resulting patent, may withdraw the application or abandon the patent so that the claimed invention falls into the public domain.
4. (4) This section shall apply without prejudice to the application of section 100(9) and (10).

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Subject to this section, Parts III, IV, V, VII, VIII, IX, X, XI, XV and XVI of this Act shall apply with the necessary modifications, to utility model certificates or applications for them, as the case may be.
2. (2) Where the right to a patent conflicts with the right to a utility model certificate in the case referred to in section 16(3), that provision shall apply as if the word "patent" were replaced by the words "utility model certificate".
3. (3) A certificate of utility model is prima facie evidence that the holder is the registered owner of a utility model with the Registrar.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) An invention qualifies for a utility model certificate if it is new and industrially applicable.
2. (2) Sections 8, 10, 29, 30 and 45 shall not apply in the case of applications for utility model certificates.
3. (3) A utility model certificate shall expire at the end of the tenth year after the date of the grant of a utility model and is not renewable.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) At any time before the grant or refusal of a patent, an applicant for a patent may, upon payment of the prescribed fee, convert the application into an application for a utility model certificate and the utility model certificate shall be accorded the filing date of the initial application.
2. (2) At any time before the grant or refusal of a utility model certificate, an applicant for a utility model certificate may, upon payment of the prescribed fee, convert the application into a patent application which shall be accorded the filing date of the initial application.
3. (3) An application may not be converted under subsections (1) and (2) more than once.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) For the purposes of this Part, "an industrial design" means that aspect of a useful article which is ornamental or aesthetic that may consist of three-dimensional features like a shape or surface of an article or a three dimensional feature such as patterns, line or colours.
2. (2) The protection of an industrial design under this Act shall not extend to anything in an industrial design which serves solely to obtain a technical result, and to the extent that it leaves no freedom as regards arbitrary features of appearance.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Subject to this Act and to the provisions of any other written law, the creator of an industrial design or the successor of the creator in title has the exclusive right to sell or cause to be sold for commercial or industrial purposes the goods in which the design is incorporated.
2. (2) Sections 16, 18, and 19 apply with the necessary modifications, to the rights of the creator of an industrial design.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) An industrial design is registrable if it is new.
2. (2) An industrial design shall be taken to be new if it has not been disclosed to the public, anywhere in the world, by publication in tangible form or, in Uganda, by use or in any other way, prior to the filing date or, where applicable, the priority date of the application for registration.
3. (3) Section 9(3) applies, with the necessary modifications, in respect of priority dates of an industrial design.
4. (4) An industrial design which is contrary to public order or morality shall not be registered.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A person who wishes to register an industrial design shall submit to the Registrar-
2. (a) an application in the prescribed form;
3. (b) a power of attorney, where the applicant is represented by an agent;
4. (c) drawings, photographs or other adequate graphic representations of the article embodying the industrial design and an indication of the kind of products for which the industrial design is to be used; and
5. (d) the prescribed application fee.
6. (2) The request may be accompanied by a specimen of the article Limbodying the industrial design, where the industrial design is two-dimensional.
7. (3) Where the applicant is not the creator, the request shall be accompanied by a statement justifying the applicant's right to the registration of the industrial design.
8. (4) Two or more industrial designs may be the subject of the same classification if they relate to the same class under international classification or to the same set or composition of articles.

10 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Subject to subsection (2), the registration of an industrial design shall expire at the end of the fifth year following the date of the registration.
2. (2) The registration of a design may be renewed for two further consecutive periods of five years upon payment of the prescribed renewal fee.
3. (3) The fee for the renewal of registration of an industrial design shall be paid within twelve months before the expiration of the period of registration but a grace period of six months shall be allowed for the late payment of the renewal fee on payment of the prescribed surcharge.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Where the protection granted to an industrial design has not been renewed due to circumstances beyond the control of the owner of the design, the owner or any other person entitled to the industrial design, may apply for its restoration on payment of the prescribed renewal fee, as well as of the surcharge, within a period of one year from the date upon which renewal fee was due.
2. (2) An application for restoration of registration for an industrial design, together with documents proving payment of the fees and surcharge referred to in subsection (1), shall be sent to the Registrar and shall contain a statement of the grounds on which the owner or the persons making the application considers the restoration justified.
3. (3) The Registrar shall examine the grounds mentioned in the statement referred to in subsection (2) and shall either restore the registration for the design or reject the application if he or she does not consider the grounds valid.
4. (4) Restoration of registration shall not extend prolongation of the maximum duration of the registration of the industrial design.
5. (5) Restored designs shall be published by the Registrar in the prescribed form.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The application, including any drawings, photographs or other graphic representations and any specimen of the registered industrial design shall be kept by the Registrar and after publication of the registration they shall be communicated upon request made in the prescribed manner.
2. (2) Drawings, photographs or other graphic representations and specimens of industrial designs shall be kept by the Registrar for eight years after the expiry of the registration and may be examined by any interested person on payment of the prescribed fee.
3. (3) After publication, a person may, on payment of a prescribed fee, obtain an official copy of the application, representations or specimens from the Registrar.
4. (4) Subsections (1), (2) and (3) apply to official copies furnished by applicants seeking to be availed with the priority of an earlier registration and to the documents enabling certain applicants to claim the priority.
5. (5) An applicant for registration of an industrial design seeking to be availed with the priority of registration of that applicant, outside Uganda, before registration of the industrial design may obtain an official copy of the application.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (b) the date of filing of the application;
2. (c) the mention of any validly claimed priority; and
3. (d) the drawings, photographs or other graphic representations of the industrial design and an indication whether a specimen has been deposited with the Registrar.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Registration of an industrial design shall confer upon its registered owner the right to preclude third parties from performing any of the following acts in Uganda-
2. (a) reproducing the industrial design in the manufacture of a product;
3. (b) importing, offering for sale and selling a product reproducing the protected industrial design; or
4. (c) stocking of that product for the purposes of offering it for sale or selling it.
5. (2) The rights conferred by the registration of an industrial design shall extend only to acts done for industrial or commercial purposes and shall not extend to acts in respect of a product embodying the protected industrial design after the product has been lawfully imported or sold in Uganda.
6. (3) The registered owner of an industrial design has, in addition to any other rights, remedies or actions available to that registered owner, the right to institute court proceedings against any person who infringes the industrial design by performing, without the consent of that registered owner, any of the acts referred to in subsection (1) or who performs acts which make it likely for infringement to occur.
7. (4) An industrial design registered by ARIPO by virtue of the Harare Protocol and in respect of which Uganda is a designated State has the same effect in Uganda as an industrial design registered under this Act unless the Registrar has communicated to ARIPO, in respect of an application of it, a decision in accordance with the Harare Protocol that if a registration is made by ARIPO that registration shall have no effect in Uganda.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Rights subsisting in an industrial design may be transferred in whole or in part.
2. (2) Sections 47, 48, 49, 53 and 55 apply, with the necessary modifications, to this Part.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. "employee" and "enterprise" mean the employee and the enterprise referred to in the definition of "technovation", and where several enterprises are owned or operated by one person, all those enterprises shall be considered as one enterprise;
2. "technovation" means a solution to a specific problem in the field of technology, proposed by an employee of an enterprise in Uganda for use by that enterprise, and which relates to the activities of the enterprise but which, on the date of the proposal, has not been used or actively considered for use by that enterprise;
3. "technovation certificate" means the document issued by the enterprise in accordance with section 83;
4. "technovator" means an employee to whom the enterprise has issued a technovation certificate.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Subject to subsection (2), an employee of the enterprise on the date of the proposal is entitled to a technovation certificate provided for in this Part.
2. (2) Where the duties of an employee comprise the making and proposing of technovations, the employee is not entitled to a technovation certificate for any technovation which relates to the field of activities for which he or she is employed, unless the degree of the creative contribution inherent in the technovation exceeds that which is normally required of an employee having those duties.
3. (3) Where employees severally request for a technovation certificate for the same technovation, the employee who is the first to make the request is entitled to the certificate.
4. (4) Where a request for a technovation certificate is made jointly by two or more employees, the certificate shall be issued in their joint names.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A request for a technovation certificate signed by the employee shall be filed in writing with the enterprise.
2. (2) The enterprise shall assist the employee in filing the request and shall issue a receipt to him or her acknowledging that a request has been filed and indicating the date on which it is filed.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.