An analysis of the registration of traditional folklore as a trademark in Uganda

Abstract

The concept of trademark registration for traditional knowledge has gained momentum as a tool often used by indigenous communities to identify themselves and their products and services. At the same time, there have been concerns that without intellectual property protection for folklore, entrepreneurs will likely use or misuse traditional knowledge for their own commercial gain, without providing any benefit to the communities who created it. As such, this study sought to examine the viability of registering traditional folklore as trademarks in Uganda. It taps into the likely opportunities and constraints that stand in the way of effective trademark protection for traditional folklore. To achieve this, the study applied a mixed research methodology consisting of the doctrinal research design aimed at collecting and applying data from cases, laws and legal scripts on trademark registration of folklore. The study further applied the qualitative and quantitative methodologies which aimed at gathering relevant data from the views and opinions of experts and respondents who interface with the application and intellectual property rights protection of traditional folklore in Uganda. The study found that the construct and relevance of traditional folklore in Uganda is gradually declining, and its application is progressively being phased out by technology and contemporary art forms. However, only a few individuals and communities have registered traditional folklore as trademarks in Uganda. The study concluded that trademark registration laws in Uganda are able to offer intellectual property rights protection for traditional folklore. Trademark registration is an important step in protecting Ugandan folklore from distortion and misuse by the outside world. It is a straightforward process that requires the owner of the mark to show its distinctiveness, uniqueness and distinguishing capabilities. By taking this step, organizations and individual owners of folklore can ensure the protection of Uganda’s valuable cultural heritage. The study recommended that creating awareness on trademark registration of traditional knowledge and enacting special rules would perhaps completely alleviate the shortfalls within the current legal framework on trademark registration for traditional knowledge. Further, amending the current laws on trademark registration to accommodate registration of traditional knowledge would also be a viable solution to ultimately protecting and preserving Uganda’s traditional heritage.