In a bid to propel Uganda’s technological advancement and foster innovation, the Ministry of ICT and National Guidance (MOICT & NG) has introduced comprehensive ICT Intellectual Property (IP) guidelines. These guidelines are designed to not only protect the rights of innovators but also to create an environment conducive to the growth of Uganda’s ICT sectors.
Uganda, like many developing nations, is increasingly recognizing the pivotal role that Information Technology (IT) plays in driving economic growth. With this understanding, the MOICT & NG is keen on leveraging IT innovations to boost the country’s socioeconomic development and enhance its global competitiveness.
The recently organized expert review engagement of these guidelines marks a significant step towards better management and protection of Intellectual Property within Uganda’s ICT sectors. The goal is clear: tailor the guidelines to suit Uganda’s unique context and contribute meaningfully to the country’s growth.
Historically, Uganda’s ICT sector has seen a surge in private sector-led growth, resulting in the emergence of various sub-sectors brimming with innovation. However, local applications and innovations often found limited government support, leaving many young graduates and skilled locals reliant on imported ICT solutions.
Recognizing this gap, the government has shifted its focus towards supporting indigenous technology development. Laws have been enacted to safeguard the rights of innovators, with initiatives such as the National ICT Initiatives Support Program (NIISP) gaining traction.
Central to this support system are Intellectual Property Rights (IPR), crucial for the success of local innovations. Laws such as the Copyright and Neighbouring Rights Act of 2006, the Trade Secrets Protection Act of 2009, and the Industrial Properties Act of 2014 have been established to protect various forms of IP in the ICT sector.
The introduction of the National Intellectual Property Policy in 2019 further solidifies Uganda’s commitment to fostering innovation, productivity, competitiveness, and technology transfer in its economy.
The newly unveiled ICT IP guidelines serve as a pivotal tool in the protection of innovations owned and funded by MOICT & NG. These guidelines establish a framework for managing, owning, and commercializing IP rights in contracts between MOICT & NG and its suppliers.
One significant aspect covered by the guidelines is the ownership of IP. In cases where IP arises from funding or grants from MOICT & NG, both the recipient and MOICT & NG will own exclusive or non-exclusive rights to the invention. However, crucially, IP generated from these innovations must not impede further innovation by others.
The guidelines also provide clarity on the reassignment or disposal of government-owned IP, laying out procedures for scenarios where IP has reached the end of its utility or can be better utilized by a third party.
In the realm of software development contracts, the guidelines specify that the government shall retain copyrights of software developed under commission, unless otherwise agreed upon in writing. The guidelines also emphasize the importance of risk management in these contracts, stressing the necessity of source code escrow agreements and code repositories.
In essence, these ICT IP guidelines aim to establish a robust structure for regulating, safeguarding, and nurturing domestically created ICT solutions in Uganda. They seek to promote innovation, enhance ICT practices, enable shared infrastructure, and above all, protect the Intellectual Property rights of Uganda’s innovators and inventors.
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