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Uganda introduces service mark registration
2/09/2010

We are heartened by the latest development in Ugandan IP legislation. After years of lobbying for an amendment to their Trade Marks Ordinance in order to make provision for the registration of service marks, the Ugandan President has finally assented to a new Act which will now allow for such registrations.

The Act has not yet been published, so it is still not clear when it will come into force, but we are advised that this will happen soon. After publication we will be able to confirm the exact date of the coming into force of these new provisions, as well as if there are any other changes in the system currently in operation.

With this change, virtually all African states now allow for the registration of service marks, and it is hoped that countries still only permitting goods class registrations, like Malawi and Zambia, will follow suit.
Megan Moerdijk
Partner
megan-m@adamsadams.co.za
  Featured Act Copyright Act 63 of 1965
To amend the Copyright Act, 1978, so as to define an expression and to amend a definition; and to make further provision regarding the nature of copyright in sound recordings; and to provide for matters connected therewith.
Download act 		  Featured Case Law SCA spells out procedure under Section 5(4) of the Counterfeit Goods Act
In a judgment handed down on 29 November 2010 in the matter between the Minster of Trade and Industry v E L Enterprises (193/10) [2010], the Supreme Court of Appeal considered the correct procedure to be followed in applications to confirm the seizure without a warrant of suspected counterfeit goods.

The procedure is prescribed by Section 5(4)(a) of the Counterfeit Goods Act No. 37 of 1997 (“the Act”). Since the commencement of the Act, the practice has been to bring a full-blown High Court application under the section on notice to the respondents. The court held that this is not the procedure contemplated by the section; though an applicant would not be non-suited by doing so provided that the application is at least issued within the prescribed time period. 		  Related People Megan Moerdijk
Partner
Trade Mark Attorney
Tel: +27 (0) 12 432 6359
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The firm practises directly in several Southern African countries and through long-established associates in others.