OCTOBER - DECEMBER 2018 I ISSUE 14 I VOLUME 15
A A TABLE OF CONTENTS
“URSB Team, together with IGG Jus�ce Irene Mulyagonja and Fr. Deogra�as Kiibi Kateregga celebra�ng URSB’s achievements during the end of year prayer breakfast”
A BETTER COMMUNITY IS URSB CELEBRATES THE SECOND FOREWORD OUR RESPONSIBILITY’ INSOLVENCY WEEK UNDER THE 01 02 - URSB CSR ACTIVITY IN 03 THEME; DEFYING GRAVITY; WESTERN UGANDA ‘BUSINESS RESCUE AND CROSS By Honorata Twebaze BORDER INSOLVENCY’ - TREP Supervisor By Lutunda Ronald - Senior Registra�on Officer
HOW UGANDA’S FLEXIBLE IS TRADEMARK PROTECTION URSB EFFORTS IN STAMPING TRADE LAWS ARE AIDING FOR TOBACCO PRODUCTS IN OUT FAKE MARRIAGES AND 05 ACCESIBILITY OF NEEDED 06 UGANDA GOING UP IN SMOKE? 10 DOCUMENTATION MEDICINES A BRIEF COMMENTARY ON THE By Phillip Nyanja Kalibbala By Mercy K. Kainobwisho TOBACCO CONTROL ACT 2015 - Senior Registra�on Officer - Director Intellectual Property By Paul Asiimwe - Sipi Law Associates TECHNOLOGY TAKES CENTRE USING INTELLECTUAL TOP OF THE GAME; STAGE AS RECORDS PROPERTY TO PROMOTE URSB WILL SHINE IN 2019 11 MANAGEMENT TRANSITS 12 YOUR FASHION 14 By Steven Douglas Baryevuga FROM MANUAL TO DIGITAL By Mercy K. Kainobwisho - Communica�on Specialist By Namuwawu Sylvia B - Director Intellectual Property - Senior Personal Secretary
COMBINING WORK AND 251/10 COMPANY OR PARTNERSHIP: ADVENTURE:- THE LETSGO! By Akankwasa Doreen WHICH STRUCTURE IS RIGHT FOR 15 TRAVEL CLUB AT URSB 16 - Records Officer 17 YOUR BUSINESS? By Phillip Nyanja Kalibbala By Yvonne Atwiine - Senior Registra�on Officer - Registra�on Officer, Directorate of Business Registra�on
Editorial Team Bemanya Twebaze - Registrar General Jane Okot P’Bitek - Deputy Registrar General - Registries Kathryn Sengendo - NTR Support Officer Mercy K. Kainobwisho - Director Intellectual Property Provia Nangobi - Senior Public Relations Officer FOREWORD Registrar General
The quarter ended December 2018 was crowned with a number of stakeholder engagements. The Official Receiver, who is also the regulator of Insolvency Prac�ce celebrated the second annual insolvency week under the theme ‘Business Rescue and Cross Boarder Insolvency: defying Gravity’. The conference brought together key players in the insolvency landscape, including interna�onal Official Receivers and Insolvency Judges. The Insolvency Prac��oners Associa�on was launched and the Interim Leadership inaugurated during the conference.
he first ever upcountry districts was held in Iganga. The mobile clinics within this financial CSR event was held in three days workshops targeted year Mbarara Municipal duty bearers from Faith Based Council under the Organiza�ons (FBOs), the Moslem The quarter crowned the year auspices of the URSB Western religion, the Local Government 2018 with annual thanksgiving Region Office that is based in (Chief Administra�ve Officers, Sub prayers to honour the Almighty Mbarara. The theme was “A county Chiefs and Town Clerks) God for the grace and mercies be�er community is our and Cultural leaders, each target- availed during the year 2018. The responsibility” and URSB was able ed on a par�cular day to give Guest of Honour at the prayers to bring together a number maximum a�en�on to their pecu- was the Inspector General of of Government Ministries, liar needs. As a result of these Government Hon. Jus�ce Irene Departments and Agencies to engagements, the Directorate has Mulyagonja. The Bureau also held provide on the spot services to realised an increase in the its annual staff Christmas party to the public. The Business Commu- number of civil marriages in the appreciate the Board Members nity also par�cipated in the registrar’s office celebrated and Staff for their efforts during exhibi�on. during the quarter; and an the year that propelled URSB to increase in the registra�on of surpass its targets in the year The Directorate of Intellectual marriages conducted by the 2017/18 and to encourage even Property carried out a brand various duty bearers. more effort going forward. owners summit with the aim of sensi�zing brand owners about URSB is currently developing an We thank all our stakeholders for brand protec�on and maximizing on-line system for filing of annual the support and feedback that the value of their brands through returns and marriage returns helped us perform beyond the the various means provided for which shall be launched soon. The expecta�ons for the year. We under the Trademarks Act 2010, system will further reduce the thank the Board of Directors and including assignments, and �me spent on accessing the Minister of Jus�ce & licensing. The summit served as a registra�on services and will ease Cons�tu�onal Affairs, Hon Maj. pla�orm to create awareness the doing of business. Staff train- Gen (Rtd) Kahinda Otafiire for about brand building and ing and stakeholder consulta�ons their con�nuous support and sensi�zing brand owners about are ongoing. It is expected that guidance. We dedicate the the vices that affect brands for key stakeholders will par�cipate in financial year 2018/19 to example counterfei�ng. the ‘User Acceptance Tests’. providing innova�ve solu�ons that will revolu�onize our There was improved engage- During the quarter, the Bureau services, and give our customers ments and collabora�ons with con�nued with the mobile sensi�- sa�sfac�on. marriage duty bearers to ensure za�on clinics in the far to reach that the marriages conducted in areas around the country. With For God and My Country the office of the Chief Administra- the use of the mobile van the �ve Officers, the churches, the URSB Team was able to register BEMANYA TWEBAZE mosques and the tradi�onal/cus- companies and businesses on the REGISTRAR GENERAL tomary marriages are registered spot and provide responses to with the Registrar of Marriages at issues rela�ng to civil registra�on URSB. During the quarter stake- and intellectual property. A road holder’s sensi�za�on workshop in map has been developed to cover Busoga region targe�ng 11 the districts that have not had
ISSUE 14 I VOLUME 15 The Registry Newsletter 01
Other services provided included; visit the different places of public. ‘A BETTER COMMUNITY IS OUR RESPONSIBILITY’ Blood dona�on services, a Legal worship to meet with the religious It is through giving, that you aid clinic to provide people with leaders not only to collect receive more. - URSB CSR ACTIVITY IN WESTERN UGANDA guidance on informa�on in line marriage returns but also guide with access to Jus�ce, Free legal on how to handle any marriage By Honorata Twebaze - TREP Supervisor advisory services in partnership registra�on queries. Religious with law firms - special focus on leaders and iden�fied community ne of URSB’s objec�ves corporate governance and leaders received apprecia�on in the Strategic business planning and legal Christmas hampers from the Development Plan II, is procedures in business Registrar General during the visit. implemen�ng a registra�on. Regional Local ar�sts At the end of the week, there was Corporate Social Responsibility (Shine Omukiga and Alpha) increased awareness and (CSR) strategy. URSB has for the entertained the public during the feedback about URSB services and last four years held CSR two days event. we pledge to con�nue improving campaigns to give back to the URSB used this opportunity to on our services as we serve the communi�es and appreciate the con�nued support from our stakeholders.
On December 3 - 7, 2018, URSB celebrated its fi�h (5th) CSR campaign in Mbarara Municipality under the “A be�er community is our responsibility”. Mbarara was of all legal documents like powers law firms, representa�ves of iden�fied because of the of a�orney, affidavits, and government agencies and immense support, improvement agreements among others and members of the community. in service delivery and its primary forms for con�nuous filing. The Guest of Honor opened the objec�ve of mee�ng clients’ Other Government Ministries, exhibi�on by leading the invited needs which is the guiding slogan Departments and Agencies as well guests to visit the different of the Bureau. as the Business community exhibi�on stalls. Services ranged par�cipated in the event and from blood dona�on, on spot In a quest to boost its regional exhibited their services. URSB services, financial guidance presence URSB carried out a two by the banks, informa�on in line days engagement at Boma Sports The two day event kicked off with with access to Jus�ce, Free legal Grounds in Mbarara. During the the opening ceremony that had advisory services in partnership engagement, the public was able the Board Chairman Amb. Francis. with law firms, representa�ves of to access URSB services on spot K Butagira as the Guest of Honor the business community like the including; business names and the Board Secretary Ms. entrepreneurs behind Red Star registra�on, new company Caroline Egesa who represented Wines, Solar Today, Dynapharm, registra�on, searches on the the Registrar General. In Bishop Stuart University marriage register, searches on the a�endance, were invited guests agriculture project and the trademarks register, registra�on like religious and poli�cal leaders, Mbarara University of Science and Technology incuba�on project among others.
In par�cipa�on were several government MDAs such as NSSF, URA, NIRA, Ministry of Jus�ce and Cons�tu�onal Affairs, Financial Ins�tu�ons such as Banks, Academic Ins�tu�ons such as Bishop Stuart University Kakoba, Uganda Blood Transfusion services, Business communi�es like Solar today and Caterers of so� drinks and food to provide bites to the walk-ins and exhibitors.
02 The Registry Newsletter ISSUE 14 I VOLUME 15
Other services provided included; visit the different places of public. Finally, it is �me to consider the Blood dona�on services, a Legal worship to meet with the religious It is through giving, that you establishment of a specialised aid clinic to provide people with leaders not only to collect receive more. Division of the High Court to guidance on informa�on in line marriage returns but also guide handle insolvency cases. In order with access to Jus�ce, Free legal on how to handle any marriage to preserve value, insolvency advisory services in partnership registra�on queries. Religious .....URSB has for the last cases must be handled with law firms - special focus on leaders and iden�fied community expedi�ously and this may not be ne of URSB’s objec�ves corporate governance and leaders received apprecia�on four years held CSR possible if they are subjected to in the Strategic business planning and legal Christmas hampers from the campaigns to give back to the ordinary rules of procedure. Development Plan II, is procedures in business Registrar General during the visit. the communi�es and implemen�ng a registra�on. Regional Local ar�sts At the end of the week, there was The Official Receiver remains Corporate Social Responsibility appreciate the con�nued (Shine Omukiga and Alpha) increased awareness and commi�ed to enhancing (CSR) strategy. URSB has for the support from our entertained the public during the feedback about URSB services and stakeholders’ awareness and last four years held CSR two days event. we pledge to con�nue improving stakeholders. capacity to handle insolvency campaigns to give back to the URSB used this opportunity to on our services as we serve the cases and promote the culture of communi�es and appreciate the business rescue within the con�nued support from our th framework set out in the stakeholders. On 7 November 2018, the Uganda Revenue Authority (URA), Official Receiver held a Kampala Capital City Authority insolvency legal regime. Inevitably, the insolvency week On December 3 - 7, 2018, URSB conference at Hotel Africana (KCCA), Na�onal Social Security URSB CELEBRATES THE SECOND INSOLVENCY will con�nue to be an annual celebrated its fi�h (5th) CSR targe�ng the business community Fund (NSSF)and Private Sector ac�vity in order to achieve this campaign in Mbarara Municipality WEEK UNDER THE THEME; DEFYING GRAVITY; for high level discussions on a Founda�on Uganda (PSFU). objec�ve. under the “A be�er community is ‘BUSINESS RESCUE AND CROSS BORDER broad range of insolvency issues our responsibility”. Mbarara was of all legal documents like powers law firms, representa�ves of affec�ng Micro, Small and Lessons Drawn iden�fied because of the of a�orney, affidavits, and government agencies and INSOLVENCY’ Medium Enterprises (MSMEs) One of the key lessons drawn immense support, improvement agreements among others and members of the community. including how to access credit from the conference is that in service delivery and its primary forms for con�nuous filing. The Guest of Honor opened the By Lutunda Ronald - Senior Registra�on Officer during insolvency and business everyone counts in the face objec�ve of mee�ng clients’ Other Government Ministries, exhibi�on by leading the invited turnaround. of insolvency and this Departments and Agencies as well guests to visit the different needs which is the guiding slogan ganda has a seemingly Na�onal Development Plan Rescue and Cross Border I includes Judges, board of as the Business community exhibi�on stalls. Services ranged Then in November 2018, an of the Bureau. strong Insolvency legal NDPII 2015/16 - 2019/20 of nsolvency: Defying Gravity.’ The directors, shareholders, financial par�cipated in the event and from blood dona�on, on spot exci�ng interac�on between framework. However, Uganda Vision 2040 whose theme event was held to provide a ins�tu�ons, regulators, exhibited their services. URSB services, financial guidance regulators, insolvency In a quest to boost its regional there is s�ll a huge gap is strengthening Uganda’s pla�orm for key players to meet employees and all creditors. by the banks, informa�on in line prac��oners, financial ins�tu�ons presence URSB carried out a two between theory and prac�ce of compe��veness for sustainable and discuss insolvency reforms in Developing an insolvency solu�on The two day event kicked off with with access to Jus�ce, Free legal and judicial officers sharing days engagement at Boma Sports law. It is evident that efforts have wealth crea�on, employment and Uganda with par�cular focus to requires ac�ve par�cipa�on and the opening ceremony that had advisory services in partnership experiences and the latest Grounds in Mbarara. During the to be doubled to create more inclusive growth. business rescue and cross border considera�on of interests of all the Board Chairman Amb. Francis. with law firms, representa�ves of insolvency updates from the engagement, the public was able awareness and raise the level of insolvency. The players included stakeholders. The need to K Butagira as the Guest of Honor the business community like the United States of America, West to access URSB services on spot apprecia�on of the insolvency law the insolvency regulator, harmonize the insolvency legal and the Board Secretary Ms. entrepreneurs behind Red Star URSB Leads Insolvency Africa and other East African including; business names among various stakeholders. insolvency prac��oners, judicial regime in East Africa was also Caroline Egesa who represented Wines, Solar Today, Dynapharm, Week Ac�vi�es countries was held. Interna�onal registra�on, new company officers and the business evident in light of the increasing the Registrar General. In Bishop Stuart University The second insolvency week and local judges offered judicial registra�on, searches on the The Insolvency legal regime community. cross border trade within the a�endance, were invited guests agriculture project and the started off on 5th to 9th November perspec�ves on insolvency marriage register, searches on the contains novel concepts such as region. like religious and poli�cal leaders, Mbarara University of Science and 2018 under the theme ‘Business proceedings with the focus on the trademarks register, registra�on cross border insolvency and Technology incuba�on project essence of �me in preserving the business rescue that s�ll need to among others. assets of an ailing company. be analysed, appreciated and applied. In par�cipa�on were several The event also saw the launch of government MDAs such as NSSF, the Insolvency Prac��oners URSB as the Official Receiver and URA, NIRA, Ministry of Jus�ce and Associa�on, and strengthened regulator of Insolvency Prac�ce Cons�tu�onal Affairs, Financial URSB’s collabora�on with its celebrated the second insolvency Ins�tu�ons such as Banks, partners like Ligomarc Advocates, week bringing together key Academic Ins�tu�ons such as MMAKS Advocates, Uganda Law players in the insolvency Bishop Stuart University Kakoba, Society (ULS), Ins�tute of Cer�fied landscape to discuss topical issues Uganda Blood Transfusion Public Accountants, Diamond about insolvency. services, Business communi�es Trust Bank (DTB) and key like Solar today and Caterers of Government agencies including The celebra�on was in line with so� drinks and food to provide Na�onal Iden�fica�on and the URSB Strategic Development bites to the walk-ins and Registra�on Authority (NIRA), Plan of 2017-2020 and Second exhibitors.
ISSUE 14 I VOLUME 15 The Registry Newsletter 03
Finally, it is �me to consider the establishment of a specialised Division of the High Court to handle insolvency cases. In order to preserve value, insolvency cases must be handled expedi�ously and this may not be possible if they are subjected to the ordinary rules of procedure.
The Official Receiver remains commi�ed to enhancing stakeholders’ awareness and capacity to handle insolvency cases and promote the culture of business rescue within the On 7th November 2018, the Uganda Revenue Authority (URA), framework set out in the Official Receiver held a Kampala Capital City Authority insolvency legal regime. conference at Hotel Africana (KCCA), Na�onal Social Security Inevitably, the insolvency week targe�ng the business community Fund (NSSF)and Private Sector will con�nue to be an annual for high level discussions on a Founda�on Uganda (PSFU). ac�vity in order to achieve this broad range of insolvency issues objec�ve. affec�ng Micro, Small and Lessons Drawn Medium Enterprises (MSMEs) One of the key lessons drawn including how to access credit from the conference is that .....in November 2018, an during insolvency and business everyone counts in the face exci�ng interac�on between turnaround. of insolvency and this regulators, insolvency ganda has a seemingly Na�onal Development Plan Rescue and Cross Border I includes Judges, board of Then in November 2018, an prac��oners, financial strong Insolvency legal NDPII 2015/16 - 2019/20 of nsolvency: Defying Gravity.’ The directors, shareholders, financial exci�ng interac�on between ins�tu�ons and judicial framework. However, Uganda Vision 2040 whose theme event was held to provide a ins�tu�ons, regulators, regulators, insolvency officers sharing experiences there is s�ll a huge gap is strengthening Uganda’s pla�orm for key players to meet employees and all creditors. prac��oners, financial ins�tu�ons and the latest insolvency between theory and prac�ce of compe��veness for sustainable and discuss insolvency reforms in Developing an insolvency solu�on and judicial officers sharing updates from the United law. It is evident that efforts have wealth crea�on, employment and Uganda with par�cular focus to requires ac�ve par�cipa�on and experiences and the latest to be doubled to create more inclusive growth. business rescue and cross border considera�on of interests of all States of America, West insolvency updates from the awareness and raise the level of insolvency. The players included stakeholders. The need to Africa and other East African United States of America, West apprecia�on of the insolvency law the insolvency regulator, harmonize the insolvency legal countries was held. URSB Leads Insolvency Africa and other East African among various stakeholders. insolvency prac��oners, judicial regime in East Africa was also Week Ac�vi�es countries was held. Interna�onal officers and the business evident in light of the increasing The second insolvency week and local judges offered judicial The Insolvency legal regime community. cross border trade within the started off on 5th to 9th November perspec�ves on insolvency contains novel concepts such as region. 2018 under the theme ‘Business proceedings with the focus on the cross border insolvency and essence of �me in preserving the business rescue that s�ll need to assets of an ailing company. be analysed, appreciated and applied. The event also saw the launch of the Insolvency Prac��oners URSB as the Official Receiver and Associa�on, and strengthened regulator of Insolvency Prac�ce URSB’s collabora�on with its celebrated the second insolvency partners like Ligomarc Advocates, week bringing together key MMAKS Advocates, Uganda Law players in the insolvency Society (ULS), Ins�tute of Cer�fied landscape to discuss topical issues Public Accountants, Diamond about insolvency. Trust Bank (DTB) and key Government agencies including The celebra�on was in line with Na�onal Iden�fica�on and the URSB Strategic Development Registra�on Authority (NIRA), Plan of 2017-2020 and Second
04 The Registry Newsletter ISSUE 14 I VOLUME 15
HOW UGANDA’S FLEXIBLE TRADE LAWS ARE AIDING ACCESIBILITY OF NEEDED MEDICINES
By Mercy K. Kainobwisho - Director Intellectual Property very December 1st, the world Whereas some countries have not yet Uganda is one of the few countries celebrates World Aids Day. This taken advantage of these flexibili�es, that has complied and taken day is dedicated towards Uganda is taking advantage of these advantage of the TRIPs flexibili�es. raising awareness of the AIDS flexibili�es which include: exclusion The current law on Patents excludes pandemic that has claimed many of protec�ng medicines as patents, pharmaceu�cal products from patent lives and con�nues to ravage many exclusion of the patentability of protec�on and all applica�ons under more. diagnos�c , therapeu�c and surgical the interna�onal and regional system Many families, ins�tu�ons and methods of treatment of humans and like the Patent Coopera�on Treaty of na�ons have been affected by the animals as well as plants and animals, Harare Protocol on Patents and pandemic. A number of countries compulsory licensing; the least - Industrial Design must comply with have put efforts toward sensi�za�on, developed countries pharmaceu�cal the domes�c law. Any patent for communica�on and educa�on on transi�on measure; parallel medicine granted under the regional measures of preven�on and control. importa�on; and the research and internal system is void abni�o. Other diseases of great concern are excep�on. Malaria and Tuberculosis. Patent Laws Aid Medicines Under the law, the Government or a Produc�ons third par�es authorised by the Uganda's Patent Law (Industrial Government can exploit a patented Property Act 2014) exploits the said inven�on in the public interest, in flexibili�es by excluding test data par�cular, na�onal security, nutri�on, from patent protec�on, providing for health, environmental conserva�on, compulsory licenses, government use na�onal emergency or the of patents in public interest, development of other vital sectors of dependent patents, parallel imports the na�onal economy requires etc. .This law domes�cated the (Government use).Patents are �tles Harare Protocol on Patents and to intangible property granted by the Industrial Designs of 1982 and the State to protect inven�ons. Patent Coopera�on Treaty of 1970. Affordability of Medicines is a Concern The TRIPs Agreement provides Uganda is a good example of how The problem of access to quality and flexibili�es for Least Developing government ac�on has mi�gated the affordable medicines especially ARVs Countries (LDCS) like Uganda which is spread of HIV/AIDS. The country is s�ll stands and yet the right to health a World Trade Organiza�on (WTO) known to be one the first countries to is a cons�tu�onal right. Many low member state and therefore bound recognise AIDS as a major obstacle to income countries depend a lot on by the Trade Related Aspects of development, and as such launched imported medicines, and many of Intellectual Property (TRIPS) an open campaign to fight and these medicines are very costly and Agreement of 1994. This Agreement eliminate the disease. may not be affordable to many provides for minimum standards of pa�ents. It is because of such Intellectual Property (IP) protec�on in Holdbacks Rein-in challenges of access and affordability all WTO member states. that interna�onal instruments like However these opportuni�es are the Trade Related Aspects of Local Companies Dive Into constrained by lack of domes�c Intellectual Property (TRIPS) Drug Manufacturing pharmaceu�cal research and Agreement of 1994, were put in place Uganda has local producers of manufacturing capaci�es; insufficient to allow such countries to enact generic medicines including ARVs. An technical and infrastructural capaci�es domes�c laws that permit the example of such is Quality Chemicals for medicines regula�on; lack of efficient pharmaceu�cal management and manufacture of generic medicines Limited. Some licenses have been procurement systems; other demanding among others. granted to local manufacturers to needs than health, lack of local capacity, enable the produc�on of medicines the pricing of drugs, overreliance on These instruments allow poor at a local level. And the Uganda importa�on, limited sustainable supply countries to access affordable Patent Law (Industrial Property Act of medicine at affordable prices and this medicines, increase availability of -2014) is fully compliant as it provides calls for con�nuous engagement with the medicine as well as develop local for the TRIPs flexibili�es. It should be key actors, public sensi�sa�on, capacity capacity in produc�on of generic noted that Uganda is among the very building among others. medicines and investment in few countries that are taking scien�fic research among others. advantage of TRIPs flexibili�es.
ISSUE 14 I VOLUME 15 The Registry Newsletter 05
confusion in the market place and appearance since the space on the IS TRADEMARK PROTECTION FOR TOBACCO prevents companies from dilu�ng the packaging, which companies can use reputa�on of their compe�tors by to create visual appeal in packaging, PRODUCTS IN UGANDA GOING UP IN SMOKE? using similar marks, regardless of will be limited to 45% of the en�re A BRIEF COMMENTARY ON THE TOBACCO whether it leads to consumer packaging as illustrated above. confusion or not. Consequently, tobacco companies CONTROL ACT 2015 Trademarks and branding are may have to invest less in the visual primarily used to create visual appeal trademarks and general branding of By Paul Asiimwe - Sipi Law Associates to a�ract new customers and keep their products and invest more in the exis�ng ones loyal. This is the building a favorable reputa�on by reason why from �me to �me providing superior and memorable he world over, Tobacco companies including tobacco quality products and resor�ng to Control Legisla�on companies are constantly inves�ng in other nontradi�onal trademarks for threatens to shred improving and changing their example smell and tac�le. protec�on tradi�onally trademarks. Currently, smell and tac�le accorded to cigare�e manufacturers Trademarks of tobacco products will trademarks are not registrable in under class 34 of the Nice be par�cularly affected by sec�on 15 Uganda owing to the requirement of classifica�on. This tension has now of the TCA, which provides that; graphical representa�on for any mark come to Uganda in form of the to get onto the register. This is likely Tobacco Control Act (TCA) 2015. The to change with the next trademarks cri�cal ques�on is whether this law law amendments but even then, the will shrink protec�on for tobacco limita�ons of the TCA can apply to related products or set all these them since the descrip�on protec�ons ablaze. “erroneous impression about the product’s characteris�cs, health The Tobacco Control Act, 22 effects, hazards or emissions” is of 2015 subject to wide interpreta�on. The Tobacco Control Act, No. 22 of 2015 (TCA) came into force on the How the Registry of 19th day of May 2016 to domes�cate premises to contravene provisions of proceeds to government, suspension the World Health Organiza�on’s this law. of trading license for 6 months or an Trademarks is Likely to The law is unique because it li�s the order for seizure, forfeiture or Frame Work Conven�on on Tobacco While regula�ons by the Minister are Examine Class 34 in Light of corporate veil to extend liability and surrender of prohibited products for Control (WHO FCTC). Under ar�cle 5 not yet in place, it is likely that the the TCA. consequen�al penal�es to directors, destruc�on. of this conven�on, state par�es are branding and labeling on packages It is important to state that the managers, officers and legal Both provisions provide possible required to put in place legal will take up much less of the package Trademark registry does not have any representa�ves of corpora�ons that personal liability for a director, frameworks for tobacco control than was previously the case for special regula�ons on examina�on of may be found on the wrong side of Manager/legal representa�ve of a including na�onal coordina�ng tobacco products. This is because this tobacco related applica�ons in light this law. corporate in enforcement of the mechanisms and ensuring that provision further provides that the of the TCA. These trademark With par�cular regard to trademarks, provision. preven�on and reduc�on of tobacco text and pictures comprising the applica�ons will be subject to the marke�ng and branding; sec�on 14 use including exposure is mi�gated health warnings and messages shall normal dis�nc�veness, legality and forbids all forms of adver�sement, using appropriate plans, policies and Correla�on between the TCA appear together and shall occupy no morality tests under the trademarks display, promo�on and sponsorship strategies. and Class 34 Goods under less than 65% of each principal Act. of tobacco and its products. The purpose of this law in a nut shell display area of the unit packet, The penalty for contraven�on of this the Trademark Act is to control the demand and supply package of tobacco product or Within the provisions of the TCA, provision is 24 currency points (UGX Uganda follows the Nice of tobacco and its products to the outside packing. trademark examiners will have to 480,000) or imprisonment for a year Interna�onal Classifica�on of goods popula�on, to protect the Further, the provision states that a ensure the mark does not include or or both for individuals and 1000 and services established by the Nice environment from tobacco person shall not label or package a is not composed of a term, descrip- currency points (UGX 20, 000,000), Agreement (1957). Tobacco and produc�on, consump�on and tobacco product by any means tor, mark, figura�ve or other sign that surrender of proceeds to tobacco products fall in class 34 and exposure to tobacco smoke; to including a term, descriptor, is false, misleading, decep�ve or likely government, suspension of trading therefore the TCA will mostly affect promote the health of Ugandans and trademark, figura�ve or other sign to directly or indirectly create an license for 6 months or an order for trademarks and brands in that class. reduce tobacco related illnesses and that is false, misleading, decep�ve or erroneous impression about the seizure, forfeiture or surrender of The ul�mate aim of trademark law is deaths. likely to directly or Whereas trademarks will con�nue to product’s characteris�cs, health prohibited products for destruc�on. to prevent unfair compe��on by indirectly create an erroneous be necessary to dis�nguish the effects, hazards or emissions. In cases Sec�on 15 provides the penalty for protec�ng the use of a mark that impression about the product’s products of one company from those where the mark does not pass one or Offences and Penal�es non-Conformity to packaging and dis�nguishes the goods or services of characteris�cs, health effects, of others in marke�ng tobacco more of the tests above, there is a Created Under the Law labelling regula�ons of a tobacco one proprietor from others in a hazards or emissions. products, the freedom by companies likelihood that the applica�on will be The TCA law creates offences and product prior to distribu�on. similar trade. This also protects to use them to a�ract new declined for registra�on. It is penal�es that are punishable by Individuals may face a fine of 24 consumers by prohibi�ng companies The illustra�ons below explain the consumers using their visual appeal important that industry actors make either fines, imprisonment or currency points (UGX 480,000) or from using trademarks substan�ally difference the provision is likely to will be limited. relevant recommenda�ons to the withdrawal of trading licenses from imprisonment for a year or both. similar to those of other companies make in packaging class 34 Consumers will be likely to purchase Uganda Registra�on Services bureau businesspersons who may be dealing Corpora�ons are liable to a fine of that may have stronger brands and products; products based on their previous on how the tension between these with supply, produc�on or 1000 currency points customer preference. Trademark law experience or the reputa�on, feel, laws can be dealt with to avoid delays acquiescing to the use of their (UGX 20, 000,000), surrender of a�empts to limit consumer smell and other quali�es but not in examina�on of trademarks.
06 The Registry Newsletter ISSUE 14 I VOLUME 15
confusion in the market place and How trademarks and branding may appearance since the space on the prevents companies from dilu�ng the have been used to market tobacco packaging, which companies can use reputa�on of their compe�tors by products before the law; to create visual appeal in packaging, using similar marks, regardless of will be limited to 45% of the en�re whether it leads to consumer packaging as illustrated above. confusion or not. Consequently, tobacco companies Trademarks and branding are may have to invest less in the visual primarily used to create visual appeal trademarks and general branding of to a�ract new customers and keep their products and invest more in the exis�ng ones loyal. This is the building a favorable reputa�on by reason why from �me to �me providing superior and memorable he world over, Tobacco companies including tobacco quality products and resor�ng to Control Legisla�on companies are constantly inves�ng in other nontradi�onal trademarks for threatens to shred improving and changing their example smell and tac�le. protec�on tradi�onally trademarks. Currently, smell and tac�le accorded to cigare�e manufacturers Trademarks of tobacco products will trademarks are not registrable in under class 34 of the Nice be par�cularly affected by sec�on 15 Uganda owing to the requirement of classifica�on. This tension has now of the TCA, which provides that; graphical representa�on for any mark come to Uganda in form of the to get onto the register. This is likely Tobacco Control Act (TCA) 2015. The to change with the next trademarks cri�cal ques�on is whether this law A person shall not import, law amendments but even then, the will shrink protec�on for tobacco manufacture, distribute, sell or offer limita�ons of the TCA can apply to related products or set all these for sale a tobacco product in Uganda them since the descrip�on protec�ons ablaze. unless the unit packet, package of tobacco product or outside How trademarks and branding may “erroneous impression about the be used to market tobacco products packaging and labelling of the product’s characteris�cs, health after the law (Note that, positive The Tobacco Control Act, 22 product conforms to the packaging effects, hazards or emissions” is of 2015 marks like crowns and the slogan subject to wide interpreta�on. and labelling requirements “yes sir” are likely to be considered as The Tobacco Control Act, No. 22 of prescribed by the Minister by “creating an erroneous impression” 2015 (TCA) came into force on the statutory instrument. and may not be allowed). The Health How the Registry of 19th day of May 2016 to domes�cate premises to contravene provisions of proceeds to government, suspension this law. of trading license for 6 months or an warning will take at least 65% of the Trademarks is Likely to the World Health Organiza�on’s entire packaging The law is unique because it li�s the order for seizure, forfeiture or Frame Work Conven�on on Tobacco While regula�ons by the Minister are Examine Class 34 in Light of corporate veil to extend liability and surrender of prohibited products for Control (WHO FCTC). Under ar�cle 5 not yet in place, it is likely that the the TCA. consequen�al penal�es to directors, destruc�on. of this conven�on, state par�es are branding and labeling on packages It is important to state that the managers, officers and legal Both provisions provide possible required to put in place legal will take up much less of the package Trademark registry does not have any representa�ves of corpora�ons that personal liability for a director, frameworks for tobacco control than was previously the case for special regula�ons on examina�on of may be found on the wrong side of Manager/legal representa�ve of a including na�onal coordina�ng tobacco products. This is because this tobacco related applica�ons in light this law. corporate in enforcement of the mechanisms and ensuring that provision further provides that the of the TCA. These trademark With par�cular regard to trademarks, provision. preven�on and reduc�on of tobacco text and pictures comprising the applica�ons will be subject to the marke�ng and branding; sec�on 14 use including exposure is mi�gated health warnings and messages shall normal dis�nc�veness, legality and forbids all forms of adver�sement, using appropriate plans, policies and Correla�on between the TCA appear together and shall occupy no morality tests under the trademarks display, promo�on and sponsorship strategies. and Class 34 Goods under less than 65% of each principal Act. of tobacco and its products. The purpose of this law in a nut shell display area of the unit packet, The penalty for contraven�on of this the Trademark Act is to control the demand and supply package of tobacco product or Within the provisions of the TCA, provision is 24 currency points (UGX Uganda follows the Nice of tobacco and its products to the outside packing. trademark examiners will have to 480,000) or imprisonment for a year Interna�onal Classifica�on of goods popula�on, to protect the Further, the provision states that a ensure the mark does not include or or both for individuals and 1000 and services established by the Nice environment from tobacco person shall not label or package a is not composed of a term, descrip- currency points (UGX 20, 000,000), Agreement (1957). Tobacco and produc�on, consump�on and tobacco product by any means tor, mark, figura�ve or other sign that surrender of proceeds to tobacco products fall in class 34 and exposure to tobacco smoke; to including a term, descriptor, is false, misleading, decep�ve or likely government, suspension of trading therefore the TCA will mostly affect promote the health of Ugandans and trademark, figura�ve or other sign to directly or indirectly create an license for 6 months or an order for trademarks and brands in that class. reduce tobacco related illnesses and that is false, misleading, decep�ve or erroneous impression about the seizure, forfeiture or surrender of The ul�mate aim of trademark law is deaths. likely to directly or Whereas trademarks will con�nue to product’s characteris�cs, health prohibited products for destruc�on. to prevent unfair compe��on by indirectly create an erroneous be necessary to dis�nguish the effects, hazards or emissions. In cases Sec�on 15 provides the penalty for protec�ng the use of a mark that impression about the product’s products of one company from those where the mark does not pass one or Offences and Penal�es non-Conformity to packaging and dis�nguishes the goods or services of characteris�cs, health effects, of others in marke�ng tobacco more of the tests above, there is a Created Under the Law labelling regula�ons of a tobacco one proprietor from others in a hazards or emissions. products, the freedom by companies likelihood that the applica�on will be The TCA law creates offences and product prior to distribu�on. similar trade. This also protects to use them to a�ract new declined for registra�on. It is penal�es that are punishable by Individuals may face a fine of 24 consumers by prohibi�ng companies The illustra�ons below explain the consumers using their visual appeal important that industry actors make either fines, imprisonment or currency points (UGX 480,000) or from using trademarks substan�ally difference the provision is likely to will be limited. relevant recommenda�ons to the withdrawal of trading licenses from imprisonment for a year or both. similar to those of other companies make in packaging class 34 Consumers will be likely to purchase Uganda Registra�on Services bureau businesspersons who may be dealing Corpora�ons are liable to a fine of that may have stronger brands and products; products based on their previous on how the tension between these with supply, produc�on or 1000 currency points customer preference. Trademark law experience or the reputa�on, feel, laws can be dealt with to avoid delays acquiescing to the use of their (UGX 20, 000,000), surrender of a�empts to limit consumer smell and other quali�es but not in examina�on of trademarks.
ISSUE 14 I VOLUME 15 The Registry Newsletter 07
URSB in PICTURES
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1. Chief Guest IGG Jus�ce Irene Mulyagonja giving 2. Chief Guest of the Insolvency Week Day 1, Mr. remarks at the 2018 URSB end of year prayer Gideon Badagawa (Execu�ve Director, PSFU) breakfast receiving a land line from UTL Administrator at Hotel Africana 3. Choir leading the worship session during the end 4. Fr. Deogra�as Kiibi (center), the preacher for the of year prayer breakfast day,having a chat with the Chief Guest and RG a�er the 2018 prayer breakfast
5. Fr. Deogra�as Kiibi (second le�), IGG Jus�ce Irene 6. One of our stakeholders making a presenta�on at Mulyagonja ( third le�) in a group photo with the Brand Owners Summit that took place at URSB Team a�er the 2018 prayer breakfast Imperial Royal Hotel
08 The Registry Newsletter ISSUE 14 I VOLUME 15
URSB in PICTURES
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7. RG and AIGP Asan Kasingye during an Interview 8. Uganda Islamic Aids Network in Busunju- Luwero with NBS at the sensi�sa�on workshop of police receiving a dona�on from URSB during the CSR commanders within Kampala Week 2018 metropolitan police 9. URSB par�cipa�ng in the UG-Book Awards 2018 10. URSB Team dona�ng to Mapeera Bakateyamba's organised by book forum of Uganda that took Home in Nalukolongo during the CSR Week 2018 place at Hotel Triangle
11. URSB team in one of the sessions for first aid 12. URSB Team led by the Registrar General and the training at URSB Offices Contractors during a site visit at the Uganda Business Facilita�on Center
ISSUE 14 I VOLUME 15 The Registry Newsletter 09
URSB EFFORTS IN STAMPING OUT FAKE MARRIAGES AND DOCUMENTATION
By Phillip Nyanja Kalibbala - Senior Registra�on Officer
he New Year 2019 began on a high note for the Civil Registry. On 5th January the New Vision published an ar�cle highligh�ng the rising and highly profitable business of forging marriage documents. This business is highly profitable because Marriage documents are the quickest way to travel to any country smoothly under spousal privileges and rights. This explains why society has embraced marriage as one of the quickest gateways to another country or indeed to become a ci�zen of another country in far safer ways. The registered with the Sub County Chief In 2019, we s�ll want to make this fake world of Nasser road has or the Town Clerks and the records clear and easier for all stakeholders responded by offering their fake are returned to the Registrar of including the couple married, the services to either a colluding public or Marriages and can be conducted marriage celebrants and the third a public that has been duped into anywhere according to the customs party partners. Ugandans are free to believing that genuine government of the par�cular culture. Equally, choose whatever marriage suites services are impossible or hard to Muslim marriages are conducted them. Once the event of marriage come by unless you have huge bribes according to Islamic customs and the occurs, the presiding minister will and connec�ons. records are returned to the Registrar record it in the Register book and The NV ar�cle showed how Church of Marriages on legal documents. a�er three months carry an extract of marriage cer�ficates are the easier this record to the Registrar General imita�ons complete with security The fact that fake marriage by a Form F. Documents of marriage marks and signatures of authority. documents are on the increase points are authen�cated through registers While the Church leaders interviewed at certain oversights. Society is largely which are kept by the Registrar accepted the prac�ce of faking their ignorant of the procedure however General and the Churches. This same documents, they shrugged at their we also believe that ignorance can be procedure applies to all other ability to do anything about it. a choice. There is also ignorance of marriages of Uganda. According to them, it was then up to the stakeholders, however we remind government to stop this criminality stakeholders that they are free to and apprehend the suspects. verify any documents of marriage Marriages are a legal affair and presented before them by emailing On a happy note however, URSB has nothing less. Chris�an marriages URSB at [email protected] which been given prosecutors to work have to be conducted in places emails will be responded to within a together with the Enforcement Unit licensed to do so and the licenses day. to inves�gate and prosecute any have to be gaze�ed. suspected forgers of marriage There is also failure of stakeholders documents. This will be helpful in Check our website on especially some Churches to comply curbing this vice. We can only work https://ursb.go.ug/updated-list-of- with the legal requirement. Many together going forward in 2019 to licensed-and-gazetted- licensed Churches do conduct stamp out forgeries. places-of-worship/ to see if your marriages but do not file returns. This Happy 2019. Church has a license to marry. Every then makes it difficult for partners like three months the records of these Consulates and Embassies that want marriages have to be filed with the to verify certain marriages. If a record Registrar of Marriages (who is also is not registered with the registrar of the Registrar General URSB) to be marriages even if the marriage was part of the marriage record of legal, a nega�ve response will be Uganda. This makes it easy to search issued. As we have witnessed, this is these records and verify the detrimental to the couple seeking authen�city of the marriages. verifica�on of their marriage Customary marriages are first document.
10 The Registry Newsletter ISSUE 14 I VOLUME 15
TECHNOLOGY TAKES CENTRE STAGE AS RECORDS MANAGEMENT TRANSITS FROM MANUAL TO DIGITAL By Namuwawu Sylvia B - Senior Personal Secretary
he shi� from manual to Increased Security & Control: Uganda Registra�on Services digital records Documents can be extremely Bureau (URSB) as a result of the management is a new sensi�ve and having adequate electronic environment in place. trend that has been security and control over who can embraced by many Government retrieve your informa�on is Improved Version Control: ins�tu�ons, Uganda Registra�on impera�ve. This can be done Being able to search for a new Services Bureau inclusive. The moving data storage to Clouds business applica�on, specific Bureau has digi�zed its records and se�ng permissions to each document, or file quickly allows using the Electronic Digital document, folder or cabinet and users to iden�fy which record is Management System (EDMS). clearly iden�fying who retrieved the most current version. Also, what documents & when. seeing the �me, date and stamp of when that document/file or EDMS is a system for organizing Be�er Searching Capabili�es: was last updated provides great and storing different kinds of Being able to easily find benefits to users wan�ng to documents/records in digital informa�on and data from reference the most recent record. form. The primary func�on of the indexed content allows URSB staff EDMS is to manage electronic to improve decision making and More Consistent Content: informa�on within an reduce the amount of �me taken Ensuring that content is organiza�on workflow. This has in looking for informa�on. consistently forma�ed, named improved office efficiency in Most document management and controlled is not easy. By Uganda Registra�on Services so�wares use Op�cal Character implemen�ng digital workflows or Bureau (URSB) in the following Recogni�on (OCR), which is a designing how documents are ways: technology that enables them to filed, typically generates content convert different types of that is consistently archived the Improved Timeliness: documents, for instance scanned same way. For instance, invoices URSB Staff that work at paper documents, PDF files or will all be digitally filed with the headquarters, regional offices images captured by a digital same required informa�on. and/or remote loca�ons now camera into editable and have instant access to the searchable data. Once data has Improved Task Management: documenta�on that they require been converted using OCR Digi�zing informa�on in URSB form the Registry. They are able to so�ware, it is much easier to allows be�er monitoring of tasks search for a new business name organize, search, store and even that are assigned to users. The and upload or download display online. advanced workflow capabili�es documents from computers also allow clients to track the rather than manually dig through Facilitated Collabora�on: progress of their sub a filing cabinet and this saves The ability to create and �me. The public are also able to implement workflows greatly view and reserve business names improves internal and external online. collabora�on. For instance, an employee, director or manager Reliable Backups: may be able to iden�fy where a Quite o�en, content may not be file is in the approval process at properly backed up and this is any given �me. found out when the content is already lost. With digi�zed data it Lower Archiving Costs: Paper is rela�vely easy to create backup document management and copies to ensure business archiving can be very labour con�nuity in the event of a intensive and thus expensive. disaster. Processing, storing and retrieving records significantly improved in
ISSUE 14 I VOLUME 15 The Registry Newsletter 11
dimensional features like a shape accompanied by a power of innova�on. Designs provide a USING INTELLECTUAL PROPERTY TO PROMOTE or surface or an ar�cle or a three a�orney where the applicant is good avenue for exclusively (3) dimensional feature such as represented by an agent and exploi�ng your work and stopping YOUR FASHION pa�erns, lines or colors. So shapes drawings, photographs or other others from using your design of dresses, bags, shoes, bo�les adequate graphic representa�ons without authorisa�on, and it also By Mercy K. Kainobwisho - Director Intellectual Property can be protected using the of ar�cle embodying the builds the reputa�on of your designs system (Sec�on 71 of the industrial design and an indica�on business as well. he URSB 2018 end of year Vui�on” design and brands for we shall be engaging fashion Industrial Property Act, 2014). A of the kind of products for which party required us among example. We have so many local houses/ designers in Uganda on design is only registrable if it new. the industrial design is to be used. other things to don fashion designers/ fashion protec�on of their designs Being new means the design has The registra�on of a design African wear. Almost entrepreneurs such as Nulu because they invest a lot of �me, not been disclosed to the public, expires at the end of the 5th year everyone dressed in beau�fully Couture, Ipigogo, Arapapa to crea�vity, labour and skill. Rather anywhere in the world, by any from the date of registra�on and designed a�re. The African print men�on but a few that do quality than registering fashion under publica�on in tangible form or in thus may be renewed for two design dominated the scene. work but most of these stop at thecopyright law which gives Uganda. A design which is further consecu�ve periods of five It was a display of crea�vity and registra�on of their businesses as protec�on to the author of the contrary to public order or years upon payment of a renewal innova�on through fashion. Some either companies or business and work from the �me the work is morality shall not be registered fee of Ushs 100,000. This means a of these designs were mo�vated brand names under the created to 50 years a�er the according to the same law. design can be protected for 15 by crea�ve individuals or their trademarks law but they forget death of that author, we Sec�on 74 provides for years as long as renewal is done fashion designers. that fashion is an ar�s�c work that encourage fashion designers to registra�on of an Industrial and a�er 15 years, it falls into the Fashion is an art and the African can be protected as a copyright or protect under the industrial Design. A person who wishes to public domain and any person can fabric used has some ar�s�c a design under the above designs law which gives register a design is required to fill use it without authoriza�on. elements. These are protected as men�oned laws. This means that protec�on of 5 years but with the an applica�on form (Form 28) at a ar�s�c works under the Copyright one can register the shape or provision for renewal for another fee of Ushs 50,000, then a Protec�on of fashion design and Neighbouring Right Act 2016 appearance of their product to 5 years for two consecu�ve publica�on fee of approximately improves the commercial value of or as designs under the Industrial avoid instances of copycats trying periods, which makes it 15 years. Ushs 350,000 is made to the your products, generates a lot of Property Act, 2014. Fashion to use the same shape or This period is sufficient for the Uganda Prin�ng and Publishing return to investment, improves brand names / fashion labels are appearance without the regis- fashion industry because fashion Corpora�on (UPPC) and the branding of products and protected as Trademarks under tered owners’ authorisa�on. trends come and go and are registra�on fee of Ushs compe�veness, the Trademarks Act, 2010. We Fashion which includes new seasonal, and especially for 100,000. The s�mulates have seen many fashion labels like designs of clothes, handbags, female designs so some�mes applica�on crea�vity, “Marks and Spencer”, “Gina- dresses, wedding gowns, shoes, there is no need for protec�on of form should talent and Bacconi”, “Victoria Secrets” shapes of hats etc a longer period. be etc. For bags, we are are eligible for Designs law protects that aspect familiar with “Louis protec- �on. of a useful ar�cle which is V e r y ornamental or soon aesthe�c that may consist of three
12 The Registry Newsletter ISSUE 14 I VOLUME 15
dimensional features like a shape accompanied by a power of innova�on. Designs provide a or surface or an ar�cle or a three a�orney where the applicant is good avenue for exclusively (3) dimensional feature such as represented by an agent and exploi�ng your work and stopping pa�erns, lines or colors. So shapes drawings, photographs or other others from using your design of dresses, bags, shoes, bo�les adequate graphic representa�ons without authorisa�on, and it also can be protected using the of ar�cle embodying the builds the reputa�on of your designs system (Sec�on 71 of the industrial design and an indica�on business as well. he URSB 2018 end of year Vui�on” design and brands for we shall be engaging fashion Industrial Property Act, 2014). A of the kind of products for which party required us among example. We have so many local houses/ designers in Uganda on design is only registrable if it new. the industrial design is to be used. other things to don fashion designers/ fashion protec�on of their designs Being new means the design has The registra�on of a design .....This means that one can register African wear. Almost entrepreneurs such as Nulu because they invest a lot of �me, not been disclosed to the public, expires at the end of the 5th year the shape or appearance of their everyone dressed in beau�fully Couture, Ipigogo, Arapapa to crea�vity, labour and skill. Rather anywhere in the world, by any from the date of registra�on and product to avoid instances of designed a�re. The African print men�on but a few that do quality than registering fashion under publica�on in tangible form or in thus may be renewed for two copycats trying to use the same design dominated the scene. work but most of these stop at thecopyright law which gives Uganda. A design which is further consecu�ve periods of five shape or appearance without the registered owners’ authorisa�on. It was a display of crea�vity and registra�on of their businesses as protec�on to the author of the contrary to public order or years upon payment of a renewal Fashion which includes new morality shall not be registered fee of Ushs 100,000. This means a innova�on through fashion. Some either companies or business and work from the �me the work is designs of clothes, handbags, of these designs were mo�vated brand names under the created to 50 years a�er the according to the same law. design can be protected for 15 dresses, wedding gowns, shoes, by crea�ve individuals or their trademarks law but they forget death of that author, we Sec�on 74 provides for years as long as renewal is done shapes of hats etc are eligible for fashion designers. that fashion is an ar�s�c work that encourage fashion designers to registra�on of an Industrial and a�er 15 years, it falls into the protec�on. Fashion is an art and the African can be protected as a copyright or protect under the industrial Design. A person who wishes to public domain and any person can fabric used has some ar�s�c a design under the above designs law which gives register a design is required to fill use it without authoriza�on. elements. These are protected as men�oned laws. This means that protec�on of 5 years but with the an applica�on form (Form 28) at a ar�s�c works under the Copyright one can register the shape or provision for renewal for another fee of Ushs 50,000, then a Protec�on of fashion design and Neighbouring Right Act 2016 appearance of their product to 5 years for two consecu�ve publica�on fee of approximately improves the commercial value of or as designs under the Industrial avoid instances of copycats trying periods, which makes it 15 years. Ushs 350,000 is made to the your products, generates a lot of Property Act, 2014. Fashion to use the same shape or This period is sufficient for the Uganda Prin�ng and Publishing return to investment, improves brand names / fashion labels are appearance without the regis- fashion industry because fashion Corpora�on (UPPC) and the branding of products and protected as Trademarks under tered owners’ authorisa�on. trends come and go and are registra�on fee of Ushs compe�veness, the Trademarks Act, 2010. We Fashion which includes new seasonal, and especially for 100,000. The s�mulates have seen many fashion labels like designs of clothes, handbags, female designs so some�mes applica�on crea�vity, “Marks and Spencer”, “Gina- dresses, wedding gowns, shoes, there is no need for protec�on of form should talent and Bacconi”, “Victoria Secrets” shapes of hats etc a longer period. be etc. For bags, we are are eligible for Designs law protects that aspect familiar with “Louis protec- �on. of a useful ar�cle which is V e r y ornamental or soon aesthe�c that may consist of three
ISSUE 14 I VOLUME 15 The Registry Newsletter 13
TOP OF THE GAME; URSB WILL SHINE IN 2019
By Steven Douglas Baryevuga - Communica�on Specialist
he year 2018 was a good coupled with con�nous Movable Property Registry will one for URSB. Many innova�on that will see improve business standing for the accollades were bagged, unmatched registra�on work-outs small, medium and low level great strides in brand that will be in line with one of enterprises, offering visibility and service milestones URSB’s core values opportuni�es for those without were achieved. The new year is - Professionalism. enormous assets to do business going to be a busy one if we have Public engagements, trainings and through the access to affordable to keep the tempo going. But, it workshops will give the bureau credit extended to them by the will also be that �me in history, the much needed edge to Micro Deposit Ins�tu�ons. where against all odds, we get our interface with the customers. Movable property will give our act right and soar to new heights. Events like last year’s brand customers a base to get financ- owner’s workshop will become a ing, while we run the show. 2019 will indeed be a great year. standard item on the calender With progress made on all fronts, With a re-energised team, the drawing lessons for be�er, faster URSB will be the shining star, no bureau will make a bigger and on-�me services that are doubt. Happy New Year. footprint on the registra�on pride for all, the bureau and the landscape of Uganda. As one of public the fastest growing brand names, Our impact on Uganda’s URSB’s profile will con�nue to economy-propping ac�vi�es for ...2019 will indeed be a great year. shine. Along with improved brand business, civil, patents and With a re-energised team, the ac�vi�es that focus on the trademarks will be enormous. We bureau will make a bigger footprint customer, concerted efforts to will be the unchallenged yoke that on the registra�on landscape of deliver a world service level, and provides the ini�al pla�orm for Uganda. As one of the fastest the ISO Cer�fica�on target calling, many ac�vi�es that have an growing brand names, URSB’s the brand will undoubtedly go impact on the economy to take profile will con�nue to shine. places. off. Last year was also Innova�ons like the Security rela�vely clean in Interest in terms of nega�ve crop-ups. The shor�alls provided learning lessons which will make for a be�er 2019. Service offerings will improve,
14 The Registry Newsletter ISSUE 14 I VOLUME 15
COMBINING WORK AND ADVENTURE - THE LETSGO! TRAVEL CLUB AT URSB
By Phillip Nyanja Kalibbala - Senior Registra�on Officer
ome�me back on a hot a�ernoon in 2016, over social banter, some URSB staff si�ng in a colleague’s office talked about their plans for the weekend and the subject of travel cropped up. It felt like the year was already running out yet it was the first quarter of the year. Just like the previous years, this year didn’t seem to have much to offer except business as usual. In a bid to break this dullness and the� of �me, an idea struck; to tour a different part of Uganda every year.Like any other idea, there were fears. Where to go, who to go with, for how long, how much do we pay, what if, but, maybe etc. All these and We kicked off with Kidepo Na�onal More to come for letsgo! so many more were raised and Park, the home of the African Buffalo! addressed. By the end of the lunch This was our first experience and it When we started out, our concern break, a new ac�vity and brand were lived up to its billing. We literally slept was to unwind and kill boredom that born; letsgo! Nothing could make the in the same co�ages with these had become an epidemic, team more ecsta�c. animals. year-in-year out. This has since changed with the excitement that Letsgo! Full swing More fun, and fun culminates the start of another of those travel adventures. Under an iden�fied organizing In 2017, Murchison was the next in We imagine that different groups in Chairperson, a des�na�on of touris�c line where the number of animals the country, corporate or otherwise value is chosen within the boundaries roaming the park gave the feel for could spare a weekend atleast once a of Uganda and a convenient weekend value for money. The experience was year and make these travels. Uganda in between September and capped with hiking the nearby hills to is unmatched in terms of the variety December is chosen. This being a the summit to watch the thunderous of flora and fauna. Teeming with self-serviced ac�vity, once a service Murchison Falls as it gushes its way animal parks, lakes and rivers, provider is outsourced, fees are through a narrow rock system and exquisite landscapes and great announced early for people to plan roaring off to Alexandria, Egypt. sights.Tourism is not a foreign thing and once all logis�cs are made, For 2018, the chosen spots were but infact is more beneficial to par�cipants hit the road. Tour guides more educa�onal. The Hot Springs of Ugandans. have told us that some�mes the road Sempaya, Amabeere ga Nyina Mwiru, to our des�na�on is more fun than the Toro Palace and Queen Elizabeth If atleast once in a year we all set out the des�na�on itself. This, we have Na�onal Park were the chosen to visit Uganda, imagine how much proved beyond doubt for the last 3 des�na�ons for the group. We later knowledge of our country we would years; It’s always been fun and more learnt that these were the very sights gather; how much benefit to local fun. visited by Hassan Zari the local communi�es and businesses. You too tourism ambassador and Minister can organize and join this letsgo! Kiwanda whose strategy is to interest frenzy. We hope in the near future, it the local popula�on in tourism. URSB will become letsgo! Uganda. is already ahead of this strategy. We can’t wait to hit the road again in for See you in letsgo! 2019 our 4th series in letsgo! I�nerary for 2019. ...If atleast once in a year we all set out to visit Uganda, imagine how much knowledge of our country we would gather...
ISSUE 14 I VOLUME 15 The Registry Newsletter 15
251/10
By Akankwasa Doreen – Records Officer
251 days of service in 2018 thread! 251/10 your a�empts to Yet 10 days of rest & Jubilee Take my hand URSB, even if the undermine my posi�ve leadership. Take my brains O’ URSB, walk costs me a meal! 251/10 for you I fight tough ba�les Take them South and take them when court is in session. North, Take my grasp O’ Uganda, 251/10 a knight in amour in the Make welcome for them every- I am the scourge-wielder and hater concrete jungle. where-for they are your own of law breakers. 251/10 applying abstract legal offspring. I am a legalist, inexorable and theories a skill, Surround them East and rim them bi�er. 251/10 protec�ng the layer of your West- for they would surround you. For God's sake hold your tongue, data’s skin, And you precedents connect fondly and let me love. 251/10 Lining the strongest with them, for they connect fondly I have turned to books of science defense of every establishment, with you. to care for you. 251/10 Logic & cri�c to defend All my charity deeds vessels of your clients. Take my s�nt O’ Uganda, hand. 251/10 I keep businesses going. I am a reaper whose muscles set at I am the confidant holding Take my yoke O Uganda, for this sun-down. All my oats are cradled. evidence close to thy heart cap and this gown Caked with dust of edgy punters I have taken you on a course, Are reason I walk around without a are my ears at harvest-�me. go�en you a place. frown As a florist I read your punter’s face Call me what you will, I am made Because even a�er all the things and reach into the mouths of such by love. I’ve been through customers. I come in early and stay late. Even It’s impossible to bring me down Their curled tongues I turn into when the lions try to eat me for rose petals. breakfast, Take my brains O’ URSB, Grain has my teeth cracked but not I crack their whip and say, “this Take my s�nt O’ Uganda, tasted. show must go on!” Take my hustle O’ URSB for it is the Make welcome for me everywhere reason I can make it for I have been in the fields all day. Take my hand URSB, even if the My throat is dry…eoho… Pat my back O’ my motherland, walk costs me a meal! I am a weather forecaster; when a Take my grasp O’ Uganda, Fingers weary and worn, Heels too day looks cloudy. Pat my back O’ my motherland heavy for a slope. I am a taper too, and at my own Take my yoke O Uganda, for this Eyelids heavy and red, I sit in cost die. cap and this gown wavering shreds. I can die by it, if not live by love. are reason I walk around without a Plying my Mouse and Keyboard. 251/10 for you and your perfect frown Click! Click! Click! policies. because even a�er all the things In craving, paucity, and grime, 251/10 cri�cisms enact my I’ve been through Yet s�ll with a voice of dolorous innocence and mo�va�on. it’s impossible to bring me down. pitch, I sing the “Melody of a team” Take my hustle O URSB for it is the reason I can make it
While the cock is crowing aloof. In the cruel November rains Devo�on meets my sleep o’ targets I must a�ain. With the sky above my head, and the grass beneath my feet, I must show up at parade, an army ready for ba�le. Yet s�ll feel as I used to feel. My tears must stop. The wallowing will vanish for every drop hinders the needle and
16 The Registry Newsletter ISSUE 14 I VOLUME 15
COMPANY OR PARTNERSHIP: WHICH STRUCTURE IS RIGHT FOR YOUR BUSINESS? By Yvonne Atwiine - Registra�on Officer, Directorate of Business Registra�on
company and a partnership same �me. While in a company, and are not liable for the debts or are both legally recognized the shareholders who are the obliga�ons of the business business structures, owners of the business may hire beyond the capital so contributed. however, one must choose other people called directors to A company has perpetual what is right for their business. run or manage the business on existence. Change or death of a This is a guide on what is required their behalf. These directors may shareholder will not affect its of each structure. Let’s start the then go on to hire employees to existence. While death, insanity or conversa�on on partnerships. A do the day to day running of the bankruptcy of a partner may partnership by defini�on is a business while they provide an terminate the partnership. rela�on subsis�ng between oversight role. The directors are persons not exceeding 20 in accountable to the shareholders PARTNERSHIP number, carrying on business in for all the decisions they make. common with a view of making What is per�nent to note is that Simple Organizational Structure profit. However, where the whereas in a partnership, the partnership is formed by a owners of the business will be number of professionals, the liable for all its debts and liabili�es Low Startup Costs number shall not exceed fi�y. and in the event of dissolu�on, partners will use their personal Liabilities Upon Members 2 - 20 Persons assets to meet the debts and obliga�ons of the partnership. Taxes are levied on Individual Members In a company, the company is a 2 - 50 Persons of Proffessionals legal person and therefore has a One cannot transfer shares separate existence from the Business For persons that form it. May end upon death, insanity, and bankruptcy of a member Profit Shareholders Can be one (single Member) can be maximum of 100 members
Co-ownership PARTNERSHIP COMPANY Directors
Creditors Complex Organizational Structure A partnership rela�onship is Clients determined from the following High Startup Cost
features, among others; Employees Owning Joint property. Liabilities are on the Company PRIVATE Receipt by a person of a share of Suppliers COMPANY profits of a business. Taxes are levied on the company Business For Agreements or other documents Profit that disclose a partnership. One can easily transfer shares Admission by members of a partnership. This means that the company will For a company, one (single be liable for its own debts and Can exist for a long time member company) or more liabili�es. In a company, one is not persons may come together for a at risk of losing their personal common goal not necessarily for assets except where fraud is business. It can be for business or imputed against such person and for charitable work. the corporate veil is li�ed. The main difference between a However, there is the limited company and a partnership is that liability partnership (LLP) where in a partnership the persons that the partners contribute a stated form it run the business at the amount of capital to the business
ISSUE 14 I VOLUME 15 The Registry Newsletter 17
URSB at a glance
Vision: We are responsible for the following;
“ Centre Of Excellence For Reliable Registration Services” Registration of Businesses and companies, partnerships, documents, debentures and chattels transfers among Mission: others. Official Receiver in matters of Insolvency “To Provide Accessible, Reliable & Innovative Registration Services for a Formalised Economy”. Registration of Intellectual Property which are; Patents, Utility models, Industrial designs, Trademarks, Service marks, Copyright and Neighboring Rights among others. Our core Values: Registration of all Marriages, licensing places of worship, solemnizing civil marriages and issuing single status Professionalism I Integrity I Teamwork I Excellence I letters. Transparency I Accountability Collection of Non Tax Revenue (NTR)
A MEMBER OF
IS YOUR MARRIAGE REGISTERED?
Did you know that all marriages must be registered with the Registrar of Marriages?
Regional offices: Uganda Registration Services Bureau Mbarara- Plot 1, Kamukuzi Hill Tel: +256 0417338000 Plot 5 George Street, Georgian House Gulu – Plot 6B Princess Road Fax: +256 414 250 712 Call center: 0417 338 100 P.O.Box 6848 Kampala Uganda Arua – Plot 42/44 Packwach road Mbale - Plot 3, Park Crescent. Whatsapp: 0712 448448 Toll Free line: 0800 100 006 email: [email protected] Kampala branch offices Posta Uganda - Kampala Road UIA- Lumumba Avenue www.ursb.go.ug Nakivubo – Sekaziga House, facebook.com/URSBHQ Nakivubo mews road twitter: @URSBHQ
18 THE18 REGISTRY NEWSLETTER Vol. 14