Legislative Implementation of Flexibilities - Uganda

Title:	Sections 29 and 30 of the Patents Act of 15/10/1993
Field of IP:	Patents
Type of flexibility:	Compulsory licenses and government use
Summary table:

Provisions of Law

29. Exploitation by the Government or persons authorised by the Government.

(1) Where the Minister is of the opinion that it is in the vital public interest to do so, he or she, in consultation with the registrar, and without the authority of the owner of a patent, may direct that a patented invention be exploited by a Government agent or other person designated by the Minister, on the following conditions-

(a) that the owner of the patent and any licensee has been given an opportunity to be heard before the direction is made; and

(b) that the Government provides for the payment of adequate remuneration, as fixed by the registrar, to the owner of the patent for the use of his or her invention.

(2) The owner of any patent affected by any direction of the Minister under this section may appeal to the High Court-

(a) against the direction of the Minister;

(b) against a decision of the registrar fixing the amount of remuneration under subsection (1), but an appeal shall not suspend the effect of the direction of the Minister under subsection (1).

(3) For the purposes of this section, "vital public interest" includes matters of paramount importance pertaining to national security, public health, public order and morality and the national economy.

(4) For the purposes of forming an opinion under subsection (1), the Minister may consult with such technical experts in the particular field of the patented invention as may be necessary.

30. Compulsory licences.

(1) At any time after four years from the filing date of an application or three years from the grant of a patent, whichever period last expires, any person may, in proceedings instituted by him or her against the owner of the patent or in proceedings instituted against him or her by the owner request the court for the grant of a compulsory licence on any of the following

grounds-

(a) that the patented invention, being capable of being worked in Uganda, has not been so worked;

(b) that the existing degree of working of the patented invention in Uganda does not meet on reasonable terms the demand for the patented product on the domestic market or for the purposes of exploitation;

(c) that the working of the patented invention in Uganda is being hindered or prevented by the importation of the patented product; and

(d) that, by reason of the refusal of the owner of the patent to grant licences on reasonable terms, the establishment or development of industrial or commercial activities in Uganda, or the possibilities of exportation from Uganda, are unfairly and substantially prejudiced.

(2) A compulsory licence under this section shall be on such terms as to payment of remuneration by the licensee to the owner of the patent and otherwise as the court may consider just.

(3) Where the patented invention is a process, "patented product" in subsection (1) means a product obtained directly by means of the process.