Act 3
Industrial Property Act
2014
(4) Where a foreign patent referred to in subsection (3) resulted
from applications that were filed in the country where the compulsory
licence was granted after the coming into force of this Act or that
were entitled to claim priority in Uganda on that same date, only
those applications that are filed in Uganda in accordance with section
8(7) shall benefit from the remedies provided for in this section as
well as in the general law on enforcement.
(5) The customs authorities shall have the authority to take
border measures for the purposes of this section.
(6) Where the customs authorities take action under subsection
(5), they shall notify the rights owner of the suspension of release and
the rights owner shall have ten days for providing adequate evidence
that the retained products prima facie correspond to the claims of the
patent in question.
(7) Without prejudice to the subsection (3), the same border
measures that are available for the suspension by the customs
authorities of the release into free circulation of counterfeit trademark
and pirated copyright goods shall also apply to prevent the
unauthorized importation or re-exportation of the products that have
actually been imported into the territory of Uganda under the scheme
referred to in subsection (3).
(8) This section shall not apply to re-exportation of
pharmaceutical products to other Members of the Common Market of
Eastern and Southern Africa (COMESA).
(9) Provisional measures aimed at preserving relevant evidence
shall also be available before the granting of the pending patent
application, where the court deems necessary.
(10) The applicant shall initiate proceedings in court within
twenty working days or thirty one calendar days, whichever is the
longer, from the publication of the grant of the pending registration.
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