An analysis of the effectiveness of trademarks protection of brand value of business in Uganda
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Date
2019-06
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Publisher
Kampala international University, School of Law
Abstract
This research was based on an analysis of the effectiveness of trademarks protection of brand value of business in Uganda. It was based on three specific objectives; examination of the legal framework for trademarks protection and brand value in Uganda, to depict the international and regional treaties for trademarks protection and its relatedness to Uganda's trademark Act 20 l 0 to examine the challenges to intellectual property rights in Uganda and to provide for the discussion of findings, conclusions and recommendations on trademarks protection. The study was conducted using a doctrinal research method which helped in description of the issues behind intellectual property rights in Uganda and the globe at large. The study therefore requires studying law as a distinct specialty. The method exposed the researcher to statutory formulations analysis of legal concepts and fundamental formulations. The study concluded that Uganda is a signatory to several intellectual property treaties relating to trademarks at the international and regional levels and of all these treaties, the TR l PS Agreement stands out as the most comprehensive as it establishes minimum levels of trademarks protection and enforcement expected of member states. The study recommended that the Ugandan law on trademark makes it mandatory for the courts to order disposal of counterfeit goods outside the commercial channels or destruction thereof. In the case of destruction, the law should prescribe the manner or destruction as well as the period within which such destruction should take place. It further proposed that a clear formula for assessing damages is codified to guide the courts in determining the amount of damages to award in infringement cases. In t e alternative, the law can provide for statutory damages.
Description
A Research Report Submitted to the Faculty of Law in Partial Fulfillment of the Requirements for the Award of a Bachelor of Laws of Kampala International University
Keywords
Trademarks protection, Brand value, Business, Uganda