Act 3
Industrial Property Act
2014
(2) The licensee may, if the owner refuses or fails to institute
legal proceedings in subsection (1) notify the registrar, and may after
three months from the request or refusal, and after giving notice to the
owner, institute the proceedings in his or her own name; and the
owner may join in the proceedings.
(3) Before the end of the three-month period referred to in
subsection (2), the court may, on the request of the licensee, grant an
appropriate injunction to prevent infringement or to prohibit its
continuation, where the licensee shows that immediate action is
necessary to avoid substantial damage.
PART XVII—SPECIAL PROVISIONS ON ENFORCEMENT OF
PATENT RIGHTS
101. Special provisions on enforcement of patent rights.
(1) Subject to sections 38, 59, 60, and 68, the performance of
any act referred to in section 38(2) in Uganda by a person other than
the owner of the patent and without the agreement of the owner shall
constitute an infringement of the patent.
(2) On the request of the owner of the patent, or of an exclusive
licensee, or of a compulsory licensee, or of a non-exclusive licensee
if he or she has requested the owner to institute court proceedings for
a specific relief and the owner has refused or failed to do so within
ninety days, the court may grant an injunction to prevent infringement
or an imminent infringement and, where the infringer acted
knowingly or with reasonable grounds to know, the court may award
damages and grant any other remedy provided for in this Act.
(3) The remedies provided to owners of patents in Uganda shall
be also available, where appropriate, to the owners of foreign patents
that have been the subject of a compulsory licence for the purposes of
supplying the market in Uganda of pharmaceutical products, under
the scheme established by the Decision of the World Trade
Organisation General Council of August 30, 2003, in order to prevent
or remedy the unauthorized importation as well as the re-exportation
or deviation of the products in question.
79