Kampala, Uganda.
The Bugiri Municipality Member of Parliament, Asuman Basalirwa, has been granted leave to present the “Anti-Counterfeit Bill, 2023” in Parliament. This legislation aims to combat the trade in counterfeit goods that infringe upon protected intellectual property rights.
During a plenary session chaired by Speaker Anita Among, Basalirwa moved a motion under Article 94 (4) (b) of the Constitution and Rules 56, 121, and 122 of the Rules of Procedure of Parliament, seeking permission to introduce the transformative Anti-Counterfeit Bill.
The core objective of this proposed Bill is to establish a strict prohibition on trading in counterfeit goods that violate protected intellectual property rights, with a particular focus on copyrights and trademarks. The Bill also seeks to prevent the release of counterfeit goods for commercial gains.
Basalirwa justified his motion by highlighting the current inadequacies in enforcing intellectual property laws. He pointed out the absence of administrative remedies accessible through national intellectual property agencies, leading to the rampant spread of counterfeit and pirated goods, causing financial losses for rightful owners and legitimate businesses and even contributing to organized crime.
The lack of effective enforcement mechanisms for intellectual property rights has hindered Uganda’s ability to combat evolving threats posed by counterfeit products, both produced within and outside the country.
The motion received unanimous support from fellow Members of Parliament, with Soroti City West Division MP, Jonathan Ebwalu, and Derrick Orone of Gogonyo County seconding the motion. The Government Chief, Denis Hamson Obua, expressed reservations, stating that the Government had not yet scrutinized the Bill.
Despite the setbacks faced by the Bill in the past, Parliament’s decision to allow its presentation marks a pivotal step in the country’s fight against counterfeiting. The forthcoming Anti-Counterfeit Bill aims to complement and strengthen the current intellectual property regulatory framework, which includes various existing laws such as the copyright and Neighbouring Rights Act, 2006, the Trade Secrets Protection Act, 2009, the Trademarks Act, 2010, the Geographical Indications Act, 2013, the Industrial Property Act, 2014, and the Plant Variety and Protection Act, 2014.
