A Critical Analysis Of The Trademarks Law Of Uganda 2010 And Its Enforceability

Abstract

Section 1 of Act 17 of20 10 defines trademark to mean assign or mark or combination of signs or of one under taking trom those of another undertaking. Section 1 defines a sign or mark to include any ward, symbol slogan logo sound smell colour Brand labelna;ne signature latter numerical or any combination of them. The private sector is the engine of Uganda's economic growth and the key to enforcement of legal regimes since the country is solely based on capitalism which is the main source of its revenue. This sector plays a leading role in engendering teclmological growth and development in Uganda. To ensure that the country's programmes in this regard are not frustrated, Uganda has opted for an open economic policy on private investment. It is hoped that this policy shall help to attract investments into the country the desired goal shall be achieved through structural reform programmes, institutional funding and proper enforcement mechanisms of relevant laws i.e. the trademark Act 20 I 0 if the country is to achieve its desired goal of a strong private sector and a good investment environment, the counterfeit Bill that is pending before parliament should be passed so that it creates more offences and mechanisms to stop the scourge of trade mark infringement. Trade mark protection can be achieved by government encouraging foreign direct investment FDI occurs when an investor based in one country (the home country) acquires an asset in another country (the host country) with the intent to manage that asset. The management dimension is what distinguishes FDI from portfolio investment in foreign stocks, bonds and other financial instruments. In most instances, both the investor and the asset it manages abroad are business firms. In such cases, the investor is typically referred to as the "parent fim1" and the ~sset as the "pffiliate" or "subsidiary". I ro assist the trade community in Uganda achieve its evaluation of how the govemment should ·espond to the growing importance of FDI, it should focus on the economic, institutional and ega! inter linkages between FDI and world trade. The govemment should also consider a review >fthe regulations goveming foreign investment, together with a brief discussion of existing nvestment-related WTO rules and discipline