Experts Review ICT Guidelines to Enhance the Management and Protection of Intellectual Property Within ICT Sectors

The Ministry of ICT and National Guidance is dedicated to fostering innovation and economic growth by facilitating and adopting Information Technology innovations nationwide — and to support this, the Ministry developed comprehensive ICT Intellectual Property (IP) guidelines that are crucial for promoting innovation, creativity, and economic growth in Uganda by safeguarding the rights of innovators and creating an environment conducive to knowledge-sharing.

The Ministry organized an expert review engagement of these guidelines to enhance the management and protection of Intellectual Property within Uganda’s ICT sectors. The objective is to reflect the specific needs of Uganda’s context and contribute to the country’s socioeconomic development and global competitiveness. The growth of the ICT sector in Uganda has primarily been private sector-led, resulting in the emergence of various sub-sectors, including innovation.

Previously, government support for local applications and innovations was limited, with young graduates and skilled locals often left supporting imported ICT solutions. However, the government has begun investing in indigenous technology development, enacting laws to protect innovators, and supporting initiatives like the National ICT Initiatives Support Program (NIISP).

Intellectual Property Rights (IPR) play a crucial role in ensuring the success of such initiatives. The government has enacted various laws, including the Copyright and Neighbouring Rights Act of 2006, the Trade Secrets Protection Act of 2009, and the Industrial Properties Act of 2014, to protect different forms of IP in the ICT sector. The National Intellectual Property Policy passed in 2019, aims to facilitate innovation, productivity, competitiveness, and technology transfer and development in Uganda’s economy.

The ICT IP guidelines aim to strengthen the legal protection of innovations owned and funded by the Ministry. These guidelines provide a framework for managing, owning, and commercializing IP rights in contracts between the Ministry and its suppliers. They cover areas such as IP management, commercialization, procurement of digital assets, and funding and grants towards innovation development.

The guidelines also address ownership of IP, stating that where IP arises from funding or a grant from the Ministry, both the recipient of the grant and the Ministry will own exclusive or non-exclusive rights to the invention. However, IP generated from Ministry-funded innovations must not be used to block further innovation by others. The guidelines outline the process for reassignment or disposal of government-owned IP, stating that IP may be reassigned or disposed of in circumstances where it has reached the end of its usefulness or can be better exploited by a third party.

Regarding software development contracts, the guidelines stipulate that the government shall own the copyrights of software developed under commission unless there is a written agreement stating otherwise. The guidelines also address risk management in software development contracts, emphasizing the importance of source code escrow agreements and code repositories.

Overall, the ICT IP guidelines aim to establish a consistent structure for regulating, safeguarding, and embracing domestically created ICT solutions in Uganda. They seek to promote innovation, improve ICT solutions practices, enable shared infrastructure, and protect the Intellectual Property rights of innovators and inventors.