The Domestic Intellectual Property System and Promotion of Traditional Knowledge in Uganda

Abstract

This study examines the legal environment and policies of Uganda relevant to the protection and promotion of Traditional Knowledge. This dissertation arises out of deep concerns over how the domestic Intellectual Property system in Uganda and Traditional Knowledge should be properly accessed and used and reviews existing mechanisms of promotion and protection of Traditional Knowledge. It focuses on how Traditional Knowledge should best be legislatively and legally treated in public usage and what mechanisms are required to promote it. The study assesses inherent and possible problems and opportunities of existing and potential modalities of protection it particularly regarding the existing Intellectual Property system in Uganda. Misappropriation of traditional knowledge and resources in the international sphere has deterred wide dissemination of TK-related research with severe consequences on TK holders. The dissertation argues that while existing regimes of intellectual property protection such as copyright, Geographical Indications, and trademarks play an important role in the promotion and commercialisation of traditional knowledge, they do not provide adequate protection for certain forms of Traditional Knowledge; The existing legal framework may only in a very limited manner provide some form of legal protection for some elements of Traditional Knowledge but not all. Therefore, new systems of protection need to be considered, developed and implemented. On the issue of practical legal measures in the international arena, the study examines traditional peoples’ declarations, proposals and multilateral deliberations with principal focus on the sui generis system of ARIPO.