Parliament has granted leave to Member of Parliament (MP) Bugiri Municipality Hon. Asuman Basalirwa to introduce a private members Bill entitled “The Anti-Counterfeit Bill.”
The Speaker of Parliament, Rt. Hon. Anita Among, in parliamentary session on Thursday, July 27, 2023, urged the Clerk of Parliament to provide him with the necessary assistance in processing this Bill.
Basalirwa highlighted the inadequacy of current enforcement mechanisms, which only provide recourse to court and lack administrative remedies. He said counterfeit goods have led to financial losses for rights holders and legitimate businesses and are linked to organised crime.
“The laws available are not very broad and comprehensive enough, so having a single uniform law where all matters relating to counterfeiting are housed in one law broadens the scope of application and definition in all sectors of the economy,” Basalirwa stated.
He sought permission from Parliament after presenting a motion under Article 94(4)(b) of the Constitution and Rules 56, 121, and 122 of the Rules of Procedure of Parliament during a plenary session presided over by Speaker Among on Thursday.
Despite reservations from the Government Chief Whip, Hon. Hamson Obua, the MPs unanimously supported the motion.
The Soroti City West Division MP, Jonathan Ebwalu, and Derrick Orone of Gogonyo County seconded the motion.
However, Obua expressed reservations, noting that the Government had not yet scrutinised the Bill.
The Anti-Counterfeiting Goods Bill, 2015, was read for the first time on November 26, 2015, during the Ninth Parliament. Thereafter, the Bill was referred to the Sectoral Committee on Tourism, Trade, and Industry in accordance with Rule 118 (1) of the Rules of Procedure for scrutiny. However, the ninth parliament was dissolved before the bill was considered by the committee, and therefore the Bill lapsed upon its dissolution.
The government cited various laws regulating intellectual property, including copyright, trade secrets, trademarks, geographical indications, industrial property, and plant variety protection acts.
Consequently, on July 21, 2016, the Tenth Parliament, through a resolution, reinstated the Anti-Counterfeiting Goods Bill, 2015, in accordance with Rule 221 (2) of the Rules of Procedure of Parliament. Upon reinstatement, the Bill was fleshly referred to this committee for consideration. Rule 118 of the Parliamentary Rules of Procedure served as the committee’s guide in considering the bill.
In this case, the bill is regarded as a private member’s bill, which Basalirwa will present to parliament first, and when parliament adopts it, it is then sent to the parliamentary legal committee, which then makes the advice and observations.
The objects of the Bill are to prohibit the manufacture and trade in counterfeit goods that infringe upon protected intellectual property rights, to prohibit the release of counterfeit goods into the channels of commerce, and to create punitive offences related to the trade in counterfeit goods.
