Industrial Property Act

Section Interpretation Section In this Act, unless the context otherwise requires— “ application ” means an application for the grant of— (a) a patent ; (b) a certificate of utility model ; (c) registration of an industrial design ; or (d) a certificate of technovation ; “ ARIPO ” means the African Regional Intellectual Property Organisation; “ ARIPO Office ” means the secretariat managing the African Regional Intellectual Property Organisation ( ARIPO ), formerly known as Industrial Property Organisation, for the English-speaking Africa (ESARIPO) established by the Lusaka Agreement of 9th December 1976 as amended; “ Bureau ” means the Uganda Registration Services Bureau established by the Uganda Registration Services Bureau Act; “ compulsory licence ” means an authorisation given by the competent authority to a person, firm or a private or State-owned or State-controlled entity, to exploit a patent , a utility model , a layout­design or an industrial design in Uganda without the approval of the rights owner; “ concerned Minister ” means the Minister to whose Ministry the information in an application relates; " court " means the High Court of Uganda; “ cross-licence ” means a lice...

Section Registrar Section The Registrar designated under the Uganda Registration Services Bureau Act shall be the Registrar of Industrial Property. The Registrar shall have a seal of a device approved by the Minister , but until the seal has been obtained, a stamp in a form approved by the Minister shall be issued instead of the seal. The impression of the seal or stamp shall be judicially noticed and admitted in evidence. Any act or thing directed to be done by or to the Registrar may be done by or to any officer authorised by the Minister .

Section Functions of registrar Section The functions of the Registrar are— to receive, consider and grant applications for industrial property rights ; to receive, and register technology transfer agreements and licences; to provide to the public industrial property information for technological and economic development and maintain links with users and potential users of industrial property information; to promote inventiveness and innovativeness in Uganda; and to perform any other functions for the better carrying out of this Act. In carrying out the functions of the Registrar , the Registrar shall liaise with relevant institutions.

Section Register of industrial property Section The Registrar shall maintain two registers one of which shall contain all industrial property applications received, and the other shall contain all industrial property and other rights granted under this Act, in which shall be recorded and numbered in the order of grant, and in respect of each patent , where appropriate, its lapse for non-payment of annual fees and all transactions to be recorded by virtue of this Act. A person may, during working hours, inspect the registers maintained under subsection (1) and may, subject to the payment of the prescribed fee and to any regulations made under this section, obtain extracts from them. The form of the registers shall be as prescribed by regulations. The register of patents shall be prima facie evidence of any matter required or authorised by or under this Act to be entered in the registers.

Section Protection from personal liability Section No matter or thing done by any member, officer, employee or agent of the Registrar shall, if the matter or thing is done bona fide for executing the functions of the office of the Registrar , render the member, officer, employee or agent or any person acting on the directions of the Registrar personally liable for any action, claim or demand.

Section Liability of registrar for damages Section Section 5 shall not relieve the Registrar of the liability to pay compensation or damages to any person for injury to that person, the property or any of the interests of that person caused by the performance of the functions conferred on the Registrar by this Act or by any other written law or by the failure, whether wholly or partially, of any works.

Section Inventive step Section An invention shall be considered as involving an inventive step if, having regard to the prior art relevant to the application claiming the invention , it would not have been obvious to a person skilled in the art to which the invention relates on the date of the filing of the application or, if priority is claimed on the date validly claimed in respect of the invention .

Section Industrial application Section An invention shall be considered industrially applicable if, according to its nature, it can be made or used in any kind of industry, including agriculture, medicine, fishery and other services.

Section Non-patentable inventions Section The following are not patentable— plant varieties as provided for in the law providing for the protection of plant varieties; inventions contrary to public order, morality, public health and safety, public policy, principles of humanity and environmental conservation.

Section Information prejudicial to security of uganda or safety of public Section Where directions under this section are in force with respect to any application — Where the Registrar gives instructions under this section in respect of an application , the Registrar shall give notice of the application and of the directions to the concerned Minister and the following provisions shall have effect— The concerned Minister may, in determining a question under subsection (4)(c) — Where directions have been given under this section in respect of an application for a patent for an invention and the period prescribed in relation to the application expires, and while the directions are still in force, an application is brought for the grant of a patent — if while the directions are in force, the invention is used by or with the written authorisation of or on the orders of a Ministry, department or agency of Government, section 65 shall apply as if— Where an application for a patent is filed under this Act or under any international convention to which Uganda is a party, and it appears to the Registrar that the application contains information of a description notified to the Registrar by t...

Section Restriction on application abroad by resident of Uganda Section Subject to this section, a person resident in Uganda shall not, without written authority granted by the Registrar , file or cause to be filed outside Uganda, an application for a patent , unless— In this section— an application for a patent for the same invention has been filed with the Registrar not less than six weeks before the filing of the application outside Uganda; and no directions have been given under section 13 in relation to the application in Uganda or any such directions given have been revoked. Subsection (1) does not apply to an application for a patent for an invention in respect of which an application for a patent has first been filed in a country outside Uganda by a person resident outside Uganda. Any person who files or causes to be filed an application for the grant of a patent in contravention of this section commits an offence and is liable, on conviction, to a fine not exceeding forty-eight currency points or to imprisonment for a term not exceeding two years, or both. a reference to an application for a patent includes a reference to an application for other protection for an inventio...

Section Patents relating to micro-biological processes or products Section Where an invention concerns a micro-biological process or the product of that process and involves the use of a micro-organism which is not available to the public and which cannot be described in the patent application in such a manner as to enable the invention to be carried out by a person skilled in the art, the invention shall only be regarded as disclosed if— Where a deposited micro-organism ceases to be available from the institution with which it was deposited because— a culture of the micro-organism has been deposited with a depository institution not later than the date of filing of the application ; the application as filed gives such relevant information as is available to the applicant on the characteristics of the micro­organism; and the depository institution and the file number of the culture deposit are stated in the application . The information referred to in subsection (1)(b) may be submitted within sixteen months after the date of filing of the application or, if priority is claimed, after the priority date . The deposited culture shall be made available upon request of any person having...

Section Meaning of “invention” Section The following shall not be regarded as inventions and shall be excluded from patent protection— For the purposes of this Part, “ invention ” means a solution to a specific problem in the field of technology. Subject to subsection (3) , an invention may be or may relate to a product or a process. discoveries, scientific theories and mathematical methods; schemes, rules or methods for doing business, performing purely mental acts or playing games; diagnostic, therapeutic and surgical methods for the treatment of humans or animals; mere presentation of information; plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and micro-biological processes; pharmaceutical products and test data until 1st January, 2016 or such other period as may be granted to Uganda or least developed countries by the council responsible for administering the Agreement on Trade Related Aspects of Intellectual Property under the World Trade Organisation ; natural substances, whether purified, synthesised or otherwise isolated from nature; except the processes of isolating those...

Section Patentable invention Section An invention is patentable if it is new, involves an inventive step, and is industrially applicable.

Section Novelty Section For the purposes of subsection (2) , a disclosure of the invention shall not be taken into consideration if it occurred within twelve months before the filing date or, where applicable, the priority date of the application and if it was by reason or in consequence of— An invention is new if it is not anticipated by prior art or where a person who is highly skilled in the relevant area could not derive the invention from a combination of prior disclosed art. For the purposes of this Act, prior art consists of everything made available to the public anywhere in the world by means of written disclosure including drawings, published patent applications, and other illustrations or by oral disclosure, use, exhibition or other non-written means, where the disclosure occurred before the date of filing of the application or, if priority is claimed, before the priority date validly claimed in respect of the application . For the purpose of the evaluation of novelty, an application for the grant of a patent or a utility model certificate in Uganda shall be considered to have been comprised in the prior art as from the filing date of the application , or if priority is...

Section Right to patent Section Subject to this section, the right to a patent belongs to the inventor . Where two or more persons have jointly made an invention the right to the patent belongs to them jointly. Where two or more persons have made the same invention independently of each other, the person whose application has the earliest filing date, or if priority is claimed, the earliest validly claimed priority date that leads to the grant of a patent , has the right to the patent . The right to a patent may be assigned or may be transferred by succession. Sections 50 to 64 apply, with the necessary modifications, to contracts assigning the right to a patent.

Section Unauthorised application based on invention of another person Section Where an applicant has obtained the essential elements of the invention which is the subject of the application of the applicant from the invention of another person, the applicant shall, unless authorised by the person who has the right to the patent or who owns the patent , assign to that person the application or, where the patent has already been granted, the patent .

Section Inventions made in execution of commission or by employee Section Notwithstanding section 17 and in the absence of a contract to the contrary, the right to a patent for an invention made in execution of a commission or of a contract of employment, belongs to the person having commissioned the work or to the employer. Where the invention referred to in subsection (1) is of exceptional importance, the employee has a right to equitable remuneration taking into consideration the salary of the employee and the benefit derived by the employer from the invention. Subsection (1) applies where a contract of employment does not require the employee to exercise any inventive activity but when the employee has made the invention by using data or means available to the employee during his or her employment. In the circumstances referred to in subsection (3) , the employee has a right to equitable remuneration taking into account the salary of the employee, the importance of the invention and any benefit derived from the invention by the employer. In the absence of an agreement between the parties, the court shall fix the remuneration. An invention made without any relation to an employm...

Section Naming of inventor Section The inventor shall be named as inventor in the patent application and in the patent unless in a special written declaration addressed to the Registrar , the inventor indicates that he or she wishes not to be named. A promise or an undertaking by the inventor made to any person to the effect that the inventor will make the declaration referred to in subsection (1) has no legal effect. Where two or more persons have made the same invention independently of each other, the person whose application has the earliest filing date or, if priority is claimed, the earliest validly claimed priority date shall have the right to the certificate, as long as the application is not withdrawn, abandoned or rejected. In order to establish the right of preference, the Registrar shall take into account the matter claimed in the applications. Where an invention is made in execution of an employment contract the purpose of which is to invent, the right to the patent shall belong, in the absence of contractual provisions to the contrary, to the employer. Where the economic gains extracted by the employer are disproportionately high as compared to the employee ’s salary...

Section Change in ownership of application Section A contract assigning a patent or application for a patent shall be in writing and shall be signed by the party making the assignment. A change in the ownership of a patent or an application for a patent shall, upon payment of the prescribed fee, be recorded in the patent register . Until the change has been recorded, a document evidencing the change in ownership shall not be admitted in any proceedings as evidence of the title of a person to an application or a patent , unless the court other wise directs.

Section Joint ownership of application and patent Section In the absence of an agreement to the contrary between the parties, joint owners of a patent or an application for a patent may, separately— transfer their shares in the patent or the application for the patent ; exploit the protected patent , and preclude any person from exploiting the patent . The joint owners may only jointly grant permission to any third person to do any of the acts referred to in section 37 .

Section Application for patent Section An application for a patent shall be filed with the Registrar and shall contain— The description shall— Where the application has been withdrawn without having been opened to public inspection, and— a request; a description of the invention ; one or more claims; one or more drawings, where necessary; an abstract; and such other details as shall be prescribed by regulations made under this Act. Where the applicant’s ordinary residence or principal place of business is outside Uganda, the applicant shall be represented by an advocate of the High Court of Uganda. The request shall state the name and prescribed data concerning, the applicant, the inventor and the agent, if any, and the title of the invention and where the applicant is not the inventor the request shall be accompanied by a statement justify ing the applicant’s right to the patent . The appointment of an agent shall be indicated by the designation of the agent in the request or by furnishing a power of attorney signed by the applicant and, where subsection (2) applies, the agent shall be designated in the request. disclose the invention and all practicable modes, including specifica...

Section Unity of inventions Section The application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept. The regulations shall contain rules concerning compliance with the requirements of unity of invention under subsection (1) . The fact that a patent has been granted on an application that did not comply with the requirements of unity of invention shall not be a ground for the invalidation or revocation of the patent .

Section Amendment and division of application Section The applicant may amend the application , but the amendment shall not go beyond the substance of the disclosure made by the applicant in the initial application . The applicant may divide the initial application into one or more applications, referred to in this Act as “divisional applications” but each divisional application shall not go beyond the disclosure made in the initial application . Each divisional application is entitled to a filing date and where appropriate, the priority date of the initial application .

Section Right of priority Section The application may contain a declaration claiming the priority, as provided for in the Paris Convention , of one or more earlier national or regional applications filed by the applicant or the predecessor of the applicant in title in or for any State party to the Paris Convention and any member of the World Trade Organisation . Where the application is filed in Uganda before the expiration of the periods referred to in subsection (1) , the application shall not be invalidated by reason of an act accomplished in the interval, in particular, another filing, the publication or exploitation of the invention, and those acts shall not give rise to any third-party right or any right of personal possession. The period of priority under subsection (1) is twelve months and shall be counted according to the provisions of article 4 of the Paris Convention. Where the application contains a declaration under subsection (1) , the Registrar may request that the applicant furnish, within the prescribed time, a copy of the earlier application certified as correct by the industrial property office with which it was filed. The Registrar shall accept the form and the...

Section Information concerning corresponding foreign applications and grants Section The applicant shall, at the request of the Registrar , furnish the Registrar with the following documents relating to one of the foreign applications within sixty days— At the request of the Registrar , an applicant shall furnish the Registrar with the date and number of any application for a patent or other title of protection filed by the applicant with the office responsible for registration of industrial property of another country or with a regional industrial property office, in this Act referred to as a “ foreign application ”, relating to the same invention as that claimed in the application filed with the Registrar . copies of any communication received by the applicant concerning the results of a search or examination carried out in respect of the foreign application ; a copy of the patent or other title of protection granted on the foreign application ; and a copy of any final decision rejecting the foreign application or refusing the grant requested in the foreign application . The applicant shall, at the request of the Registrar , furnish the Registrar with a copy of any decision revok...

Section Payment of fees Section The application shall be subject to payment of the prescribed fees. The Registrar may waive the whole or part of the fees in such manner and under such circumstances as may be prescribed.

Section Withdrawal of application Section The applicant may withdraw the application at any time before the grant of a patent or before the notification of rejection of the application or before the refusal to grant a patent ; but if the applicant withdraws the application , the applicant shall forfeit the prescribed fees paid.

Section Filing date and examination of application as to form Section The Registrar shall accord as the filing date the date of receipt of the application , if, at the time of receipt, the application contains— an express or implicit indication that the granting of a patent is sought; indications allowing the identity of the applicant to be established; a part which, on the face of it, appears to be a description of an invention ; and one or more claims identifying the characteristic elements of the invention . Where the Registrar finds that the application does not, at the time of receipt, fulfill the requirements referred to in subsection (1) , the Registrar shall invite the applicant to file the required correction and shall accord as the filing date the date of receipt of the required correction, but if no correction is made, the application shall be treated as if it had not been filed. Where the application refers to drawings which are not included in the application , the Registrar shall invite the applicant to furnish the missing drawings. If the applicant complies with the invitation under subsection (3) , the Registrar shall accord as the filing date the date of receipt of...

Section Publication of application Section The Registrar shall publish the application as soon as possible after the expiration of eighteen months from the filing date or, where priority is claimed, from the date of priority. For the purposes of subsection (1) , in the case of applications claiming priority, the period of eighteen months shall be construed from the original filing date and in the case of applications with two or more priority claims, the period shall be construed from the earliest priority date. The publication of the patent application shall be effected by publishing the particulars set out in the regulations, in the Gazette and a newspaper of wide circulation.

Section International type-search Section Where it is apparent from the report on the international type­search or from the declaration on the non-establishment of the report, that— The Registrar may direct that an application which is found in order as to form be the subject of an international type-search. When a direction under subsection (1) is made, the Registrar shall request the applicant to pay the prescribed fee; and if the applicant does not comply with the request, the application shall be rejected. Upon receipt of the report on the international type-search, the Registrar may request the applicant to furnish him or her with a copy of any document cited in the report, and if without lawful reason any copy is not furnished within the prescribed time limit, the Registrar shall reject the application . Where it is apparent from the report on the international type­search or from the declaration on the non-establishment of the report, that the subject of the application or of any claim or claims is not an invention , the Registrar shall reject the defective application or consider the defective claim or claims to be withdrawn, as the case may be, unless the applicant satisfi...

Section Examination as to substance Section The Registrar may, by notice in the Gazette — Where a request is filed under subsection (2) , the Registrar shall cause an examination of the application to be made as to whether— direct that an application for a patent which relates to a specified field or specified technical fields shall be subject to an examination as to substance; or amend any direction issued under paragraph (a) . Where an application for a patent satisfies the requirements specified in section 27(1) and the subject matter of the application does not fall within a technical field specified under subsection (1) , the Registrar shall notify the applicant and the applicant shall, within three years from the filing date of the application, submit a request in the prescribed form for the examination of the application under subsection (4) . Where no request is made under subsection (2) within the prescribed period, the application shall be taken to be abandoned. the invention in respect of which the application is made is patentable within the meaning of this Act; and the application complies with the requirements of section 20(5) and (6) . For the purposes of the examina...

Section Grant, registration, publication and post grant opposition of patent Section Unless an application has been rejected or a patent has been refused under section 30 , a patent shall be granted and issued to the applicant in the prescribed form. A patent granted under subsection (1) shall be registered, and shall, as soon as reasonably practicable, be published by the Registrar in the Gazette . The Registrar shall, whenever possible, reach a decision on he application not later than two years from the commencement of the examination referred to in section 30 . The Registrar shall, upon the request of the owner of the patent , make any change in the text of drawings of the patent in order to limit the extent of the protection conferred by it, where the change would not result in the disclosure contained in the patent going beyond the disclosure contained in the initial application on the basis of which the patent was granted. In the event that a patent is granted, any interested party may petition the Registrar to reconsider the grant on the grounds that the patent fails any requirement of this Act. A petition under this section shall be filed within one calendar year of the pu...

Section Appeals under this part Section An applicant who is aggrieved by a decision of the Registrar may appeal within two months to the court against a decision by which the Registrar — records a filing date; rejects the application ; treats the application as if it had not been filed; considers any of the claims to be withdrawn; or refuses to grant a patent .

Section Further functions of registry Section The registry shall act as a receiving office where an international application is filed with it by a national or a resident of Uganda. The registry shall act as a designated office or an elected office in the case of any international application in which Uganda is designated or elected for a national patent . The functions of the registry under this Part shall be performed in accordance with the Patent Cooperation Treaty , the regulations made under it and the administrative instructions issued under the regulations of the Patent Cooperation Treaty and with the provisions of this Act and the regulations made under the Act. In case of conflict, the provisions of the Patent Cooperation Treaty , the regulations and the administrative instructions issued under it shall apply.

Section Unsearched or unexamined international applications Section Where an international preliminary examination report with respect to an international application has been communicated to the Registrar , the following provisions shall apply— Where an international search report is not established or relates to only one or some of the claims of an international application , the Registrar shall reject the international application or consider withdrawing the claim or claims which are not covered by the report, as the case may be, except to the extent that the applicant satisfies the Registrar that the non-establishment of the report in whole or in part was not justified. Where the international search report which relates to one or some of the claims due to the applicant’s refusal to pay additional fees, those parts of the international application which consequently have not been searched shall be considered withdrawn unless the applicant divides out from the application as provided for in section 22(2) the parts concerned or satisfies the Registrar that the request to pay the additional fees was not justified. where, in the case of lack of compliance with the requirements of u...

Section Provisional protection of published international applications Section Relief against infringement may be sought in respect of acts committed before the grant of the patent but after the date of international publication under the Patent Cooperation Treaty , where the international publication is effected in English. If the international publication is effected in a language other than English, subsection (1) shall apply where the applicant has transmitted an English translation of the international publication to the infringer and only in respect of acts committed by the latter after the infringer had received the transaction.

Section Publication of international applications Section An international application which is published under article 21 of the Patent Cooperation Treaty and in which Uganda is designated for a national patent shall be treated as published under section 28 .

Section Rights of owner Section The applicant or the owner of an invention has the right— to make, use, exercise and sell the invention exclusively, and may preclude any person from exploiting the patented invention without the authorisation of the applicant or the owner of an invention by any of the following acts— on fulfilling the relevant requirements under this Act, to be granted the patent ; and where the patent has been granted in respect of a product, making, importing, offering for sale, selling and using the product or stocking the product for the purposes of offering for sale, selling or using the product; or where the patent has been granted in respect of a process or doing any of the acts referred to in paragraph (a) in respect of a product obtained by means of that process. After the grant of the patent , and within the terms of this section, the owner of the patent has the right to preclude any person from exploiting the patented invention in the manner referred to in subsection (1) . The owner of a patent may assign or transfer by succession the application for a patent or the patent . The applicant or the owner of a patent may conclude licence contracts as provided...

Section Obligations of owner Section The applicant or the owner of an invention shall have the following obligations— to disclose the invention in a clear and complete manner, and in particular to indicate the best mode for carrying out the invention , in accordance with the requirements, and subject to the sanctions, applicable under this Act; to give information concerning corresponding foreign applications and grants including denials, revocations, invalidations, suspensions or lapses; to pay fees to the Registrar , as prescribed in this Act and the regulations, subject to the sanctions provided for under this Act; to work the patented invention in the country within the time limit prescribed; in connection with licence contracts and contracts assigning patents or patent applications, to refrain from making undesirable provisions referred to in section 54 .

Section Remedies Section The owner of a patent has the right— The right under subsection (1) is only exercisable where the person referred to in that subsection has at the time of the performance of the act— to obtain an injunction to restrain the performance or the likely performance, by any person without authorisation by the owner of a patent , of any of the acts referred to in section 37 ; to claim damages from any person who, having knowledge of the patent , performs any of the acts referred to in section 37 , without the owner’s authorisation; to claim compensation from any person who, without authorisation actual knowledge that the invention that he or she is using is the subject matter of a published application ; or received written notice that the invention that he or she is using is the subject matter of a published application , and the application is identified in that notice by its serial number.

Section Right of prior user Section Notwithstanding section 37 , a patent has no effect against any person, in this Act referred to as “the prior user” who, in good faith, for the purposes of the enterprise or business of that person, before the filing date or, where priority is claimed, the priority date of the application on which the patent is granted, and within the territory where the patent produces its effect, is using the invention or is making effective and serious preparations for that use. A person referred to in subsection (1) has the right, for the purposes of the enterprise or business of that person, to continue the use or to use the invention as envisaged in the preparations referred to in subsection (1) . The right of the prior user may only be transferred or may only devolve together with the enterprise or business or with that part of the enterprise or business of the prior user in which the use or preparations for use is or are made.

Section Scope of protection Section The scope of the protection afforded under this Part to a patent shall be determined by the terms of the claims but where they are inadequate, the description and drawings included in the patent may be used to interpret the claims.

Section Limitation of rights Section The rights under the patent extend only to acts which are done for industrial or commercial purposes but do not extend to acts which are done for scientific research. The rights under the patent do not extend to acts in respect of articles which have been put on the market in Uganda or in any other country or imported into Uganda by the owner of the patent or with the consent of the owner of the patent . The rights under the patent do not extend to the use of articles on aircraft, land vehicles or vessels of other countries, which temporarily or accidentally enter the airspace, territory or waters of Uganda. The rights of the patent do not extend to variants or mutants of living forms or replicable living matter that is distinctively different from the original for which patents were obtained where those mutants or variants are deserving of separate patents.

Section Exception to exclusive rights Section It is not an infringement of a patent to use the patented invention without the authorisation of the patent holder in any of the following circumstances— to manufacture and export to another country a patented health care invention where the export of the invention addresses a health need identified by the other country, where— to carry out any acts related to experimental use or research on the patented invention , whether for scientific or commercial purposes; to make use of a patented invention for teaching or educational purposes; to carry out acts, including testing, using, making or selling a patented invention solely for the purposes reasonably related to the development and submission of information required under any law of Uganda or of another country which regulates the manufacture, construction, use or sale of any product; to make use of the patented invention in relation to the preparation for individual cases, in a pharmacy or by a medical doctor, of a medicine in accordance with a medical prescription; and the product is either not patented in the third country; or the government of another country has authorised use of t...

Section Harare protocol on patents Section A patent , in respect of which Uganda is a designated State, granted by ARIPO by virtue of the Harare Protocol has the same effect in Uganda as a patent granted under this Act except where the Registrar communicates to ARIPO , in respect of the application of the patent , a decision in accordance with the provisions of the Protocol that if a patent is granted by ARIPO , that patent shall have no effect in Uganda.

Section Term of patent Section A patent shall expire at the end of twenty years from the filing date of the application .

Section Annual fees Section Where a patent is restored, no proceedings shall be brought in respect of the patent — In order to maintain the application or the patent , an annual fee shall be paid in advance and in the manner prescribed, to the Registrar . The fee shall be due at the end of the day immediately before each anniversary of the date of filing of the application . A grace period of six months shall be granted for the payment of the annual fee upon payment of the prescribed surcharge . If an annual fee is not paid in accordance with this section, the application shall be taken to have been withdrawn or the patent shall lapse and the relevant invention shall cease to be protected. The Registrar shall immediately publish the lapse of any patent under subsection (4) . Within six months from the expiration of the grace period referred to in subsection (3) , an interested person may, upon payment of the prescribed fee, request the Registrar to restore the application that is taken to have been withdrawn or a patent that has lapsed, by virtue of subsection (4) . Upon a request under subsection (6) , the Registrar shall, if satisfied that the failure to pay the annual fee is not...

Section Rights of licensee Section In the absence of any provision to the contrary in a licence contract , the licensee is entitled to do any of the acts referred to in section 37 in respect of the invention, without limitation as to time, in Uganda and in any field of use of the invention, utility model or industrial design. Subject to subsection (1) , the licensee may not grant permission to a third person to do any of the acts referred to in section 37 .

Section Right of licensor to grant further licences and use of invention Section In the absence of any provision to the contrary in the licence contract , the licensor may grant permission to any person to do or may him self or her self do, any of the acts, which constitute exercising the rights of ownership. Where the licence contract provides that the permission granted by the licence contract is exclusive, the licensor may neither grant permission to a third person to do any of the acts referred to in section 37 and covered by the licence contract, nor do any of those acts, and the licensee shall be considered an exclusive licensee for the purposes of this Act.