Industrial Designs Law in Uganda
In Uganda, industrial design protection is governed by the Industrial Property Act, 2014, administered by the Uganda Registration Services Bureau (URSB). This legislation aligns with international standards, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
🛡️ What Is an Industrial Design?
An industrial design refers to the ornamental or aesthetic aspect of an article. It includes features such as the shape, pattern, color, or texture of a product, which give it a distinctive appearance. Industrial designs do not cover the technical or functional aspects of the product but focus solely on its visual appeal.
📝 Registration Process
Application Submission: To register an industrial design in Uganda, an applicant must submit:
A completed Form 28.
Drawings, photographs, or other adequate graphic representations of the article embodying the design.
An indication of the kind of products for which the design is to be used.
A power of attorney if the applicant is represented by an agent.
The prescribed application fee.
Examination: The registrar examines the application to ensure compliance with the requirements of the Industrial Property Act, including novelty and originality. If the design meets the criteria, it is registered, and a certificate is issued.
⏳ Duration and Renewal
Initial Term: 5 years from the filing date.
Renewals: The registration can be renewed for two additional periods of 5 years each, totaling a maximum protection term of 15 years.
🌐 International Protection
Uganda is a member of the Paris Convention and the World Trade Organization (WTO), which administers the TRIPS Agreement. These memberships facilitate international protection of industrial designs through mechanisms like the Hague System. However, Uganda has not yet implemented the Harare Protocol concerning industrial designs under the African Regional Intellectual Property Organization (ARIPO). Consequently, it is unclear whether ARIPO-registered designs are enforceable in Uganda.
⚖️ Enforcement and Legal Remedies
The registered owner of an industrial design has exclusive rights to
Reproduce the design in the manufacture of a product.
Import, offer for sale, and sell products embodying the protected design.
Stock products for the purpose of offering them for sale or selling them.
These rights extend only to acts done for industrial or commercial purposes and do not apply to acts concerning a product embodying the protected design after it has been lawfully imported or sold in Uganda
In case of infringement, the design holder can institute court proceedings against any person who performs any of the above acts without consent. The court may grant remedies such as injunctions, damages, or account of profits.
💰 Fees
The following are the current fees for industrial design registration in Uganda:
| Service | Fee (UGX) | Fee (USD) |
|---|---|---|
| Filing industrial design application | 50,000 | $13 |
| Formality examination of industrial design | 50,000 | $13 |
| Certificate of grant of industrial design | 20,000 | $5 |
| Application for renewal of registration | 100,000 | $25 |
| Application for restoration of protection | 100,000 | $25 |
| Surcharge for late payment | 50,000 | $13 |
These fees are subject to change, and applicants should verify the current rates with the URSB.
📌 Practical Considerations
Representation: Foreign applicants must appoint a registered patent attorney in Uganda to represent them before the URSB.
Language: All documents submitted must be in English or accompanied by a certified translation.
Public Disclosure: To qualify for registration, the design must not have been publicly disclosed before the filing date.
Morality and Public Order: Designs that are contrary to public order or morality are excluded from protection.
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