The House has approved the introduction of a Private Member’s Bill titled “The Anti-Counterfeiting Bill, 2023,” as proposed by Hon. Asuman Basalirwa, the Member of Parliament for Bugiri Municipality. The decision came after a thorough debate during the plenary session on Thursday, July 27, 2023, with Speaker Anita Among presiding over the proceedings.
The primary objective of the Bill is to combat the trade of counterfeit goods that infringe upon protected intellectual property rights. To achieve this, the Bill aims to limit intellectual property rights to cover only copyright and trademarks while strictly prohibiting the sale of counterfeit goods.
Key provisions in the proposed legislation include the establishment of new offenses related to the trade of counterfeit goods. It also grants authority to the Commissioner General of the Uganda Revenue Authority to confiscate suspected counterfeit items. Additionally, inspectors appointed by the Uganda National Bureau of Standards will have the power to carry out the same actions.
During his motion, Hon. Basalirwa emphasized that the current enforcement mechanisms available under intellectual property laws solely rely on court proceedings to address infringements. He argued that administrative remedies accessible through national intellectual property agencies should also be made available to rights holders.
The prevalence of counterfeit and pirated goods and services was cited as a major concern, as it undermines legitimate trade, causes substantial financial losses to rightful owners and businesses, and can even support organized crime activities.
Furthermore, the lack of effective enforcement mechanisms for intellectual property rights has adversely impacted Uganda’s ability to respond to emerging threats posed by counterfeit products both within and outside the country.
The motion received support from Hon. Jonathan Ebwalu, the legislator for Soroti City West Division, and Hon. Derrick Orone of Gogonyo County, who seconded the proposal. However, Government Chief, Hon. Denis Hamson Obua, expressed reservations, stating that the Government had not yet thoroughly examined the Bill.
It is worth noting that the Anti-Counterfeiting Bill had been previously introduced in 2015 but was withdrawn by the Cabinet due to the existence of other laws dealing with counterfeit goods.
These existing laws cited by the Government for regulating the registration and exploitation of intellectual property assets include the Copyright and Neighboring Rights Act of 2006, the Trade Secrets Protection Act of 2009, the Trademarks Act of 2010, the Geographical Indications Act of 2013, the Industrial Property Act of 2014, and the Plant Variety and Protection Act of 2014.
The House has approved the introduction of a Private Member’s Bill titled “The Anti-Counterfeiting Bill, 2023,” as proposed by Hon. Asuman Basalirwa, the Member of Parliament for Bugiri Municipality. The decision came after a thorough debate during the plenary session on Thursday, July 27, 2023, with Speaker Anita Among presiding over the proceedings.
The primary objective of the Bill is to combat the trade of counterfeit goods that infringe upon protected intellectual property rights. To achieve this, the Bill aims to limit intellectual property rights to cover only copyright and trademarks while strictly prohibiting the sale of counterfeit goods.
Key provisions in the proposed legislation include the establishment of new offenses related to the trade of counterfeit goods. It also grants authority to the Commissioner General of the Uganda Revenue Authority to confiscate suspected counterfeit items. Additionally, inspectors appointed by the Uganda National Bureau of Standards will have the power to carry out the same actions.
During his motion, Hon. Basalirwa emphasized that the current enforcement mechanisms available under intellectual property laws solely rely on court proceedings to address infringements. He argued that administrative remedies accessible through national intellectual property agencies should also be made available to rights holders.
The prevalence of counterfeit and pirated goods and services was cited as a major concern, as it undermines legitimate trade, causes substantial financial losses to rightful owners and businesses, and can even support organized crime activities.
Furthermore, the lack of effective enforcement mechanisms for intellectual property rights has adversely impacted Uganda’s ability to respond to emerging threats posed by counterfeit products both within and outside the country.
The motion received support from Hon. Jonathan Ebwalu, the legislator for Soroti City West Division, and Hon. Derrick Orone of Gogonyo County, who seconded the proposal. However, Government Chief, Hon. Denis Hamson Obua, expressed reservations, stating that the Government had not yet thoroughly examined the Bill.
It is worth noting that the Anti-Counterfeiting Bill had been previously introduced in 2015 but was withdrawn by the Cabinet due to the existence of other laws dealing with counterfeit goods.
These existing laws cited by the Government for regulating the registration and exploitation of intellectual property assets include the Copyright and Neighboring Rights Act of 2006, the Trade Secrets Protection Act of 2009, the Trademarks Act of 2010, the Geographical Indications Act of 2013, the Industrial Property Act of 2014, and the Plant Variety and Protection Act of 2014.
