Browsing by Author "Kakooza, Anthony C.K."

Now showing 1 - 7 of 7
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    Arbitration, conciliation and mediation in Uganda: a focus on the practical aspects
    (Uganda Law Reform Commission, 2009) Kakooza, Anthony C.K.
    This article looks outside the box of adversarial litigation of matters through the Courts of law. It explores a new trend in Uganda encompassing different forms of Alternative Dispute Resolution mechanisms. These include Arbitration, Conciliation, mediation and a brief look into Collaborative legal practice. The author explores the advantages and disadvantages of each of these mechanisms as he attempts to provoke the reader into determining whether ADR is a more viable means of administering justice in Uganda.
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    The civil, administrative and criminal law standards in intellectual property enforcement in Uganda: the good, the bad and the hoped-for
    (2010) Kakooza, Anthony C.K.
    Uganda presently lacks a National Intellectual Property Policy framework developed and supported by all interested stakeholders, and covering the policy linkages between IP and public health (including implementation of the WTO Doha Declaration on the TRIPS Agreement and Public Health in Uganda); agriculture and the environment including Plant variety protection; education, science and technology; enterprise development and regulation; protecting Uganda's rich cultural heritage and traditional knowledge; and consumer interests. This study therefore sets out to show how far Uganda has gone in stabilizing its Intellectual property rights environment, more especially in terms of enforcement of the rights involved. The first part of the study gives a summary of the Country profile with the objective of emphasizing the need for building on the Intellectual Property potential that Uganda has to offer in fostering knowledge – based economical growth. The second part analyses the present regional and International IP Policy and legal framework from which Uganda derives its obligations as a member of the World Trade Organization. It proceeds to examine and discuss the efficacy of the enforcement mechanisms at the International and regional level particularly with Instruments ratified by Uganda. In the same vein, it also gives a connotational analysis of some issues prevalent in developing countries that are ignored by developed countries in their efforts to protect their trade interests through enforcement of Intellectual Property Rights. The third part looks at the existing IP policy considerations, legal framework and Institutional framework in Uganda, including local jurisprudence related to IP, from which the enforcement mechanisms in place are determined. In the fourth part, this highlights the challenges and way forward for the future. It addresses recommendations as to how Uganda can come up with an effective enforcement structure for its IPR holders that befits the Country's political and socio-economic setting.
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    The Cultural Divide: traditional cultural expressions and the entertainment industry in developing economies.
    (2014) Kakooza, Anthony C.K.
    This study addresses a number of pertinent issues concerning Traditional Cultural Expressions (TCEs), specifically in relation to what they are and the dilemma surrounding ownership vis-à-vis custodianship in an environment that is biased towards protection of Intellectual Property Rights. The present inadequate legal recognition and, ultimately, insufficient international recognition and protection of TCEs has orchestrated the misappropriation of such works for the benefit of the entertainment industry and other economic sectors as well. The biggest underlying issue therefore is – whether TCEs should be recognized within the domain of Intellectual Property Rights. The fact that TCEs are considered as part of the public domain raises a key issues as to how they can be protected so as to serve the interests of ethnic communities, States, as well as the users of the TCEs. The claim made in this study is that because of the communal nature of ownership and difficulty in defining TCEs, this has contributed to their abuse by all users. The current origin-based I.P regimes are considered as inadequate in protecting TCEs which are mainly characterized by communal ownership and absence of fixation. This therefore calls for a specific sui generis regulatory mechanism that can address the interests of all stakeholders with a view of effective utilization of TCEs towards socio-economic development. On the regulatory scene, the study looks at International Instruments, Regional Treaties as well as select National Laws from Africa in evaluating the current adequacy of protection offered to TCEs. In this evaluation, it points out key principles that amount to protection of TCEs and scrutinizes their inclusiveness in the current regulatory mechanisms. The study also relies on multiple case studies to show the extent of TCE appropriation in different parts of the world. It brings in empirical findings drawn from field research, mainly in Uganda, to highlight stakeholder perspectives on various matters pertaining to the use of TCEs and how they can be used to generate socio-economic development. These findings, supported by theoretical arguments derived from secondary data, support the general claim made in this research over the need for a sui generis regulatory system over TCEs. Some of the fundamental concerns for TCE Custodians include preservation of their cultural values in the TCEs; entitlement to part of the royalties generated from usage; and the right of attribution. As such, the general recommendation presented for the realization of effective TCE usage, is an equal-based partnership between TCE Custodians and State Agencies. Under this arrangement, the right of self-determination by the Custodians is balanced out with State involvement in management and enforcement of TCE property rights. It is generally hoped that this study can be used as an impetus for further research in the development of sui generis policy and regulatory frameworks in the appreciation of Traditional Cultural Expressions in developing economies.
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    Cyber crime: legal perspectives in addressing the socio-economic development of Uganda
    (2010) Kakooza, Anthony C.K.
    This paper analyzes the most common criminal practices aligned with misuse of the internet and how such practices can bring about a negative impact on the development of the Country as a whole. In that perspective, the paper explores measures that can be exploited in countering abuse of the Cyber revolution. In looking at the most prevalent practices associated with cyber crime and computer misuse, the paper also analyzes liabilities and responses that need to be undertaken by key players in modern day to day transactions in the digital era. The negative practices highlighted as well as the counter enforcement measures evaluated are meant to guide the Country in exploiting appropriate options that would benefit Uganda in its socio-economic development as it embraces electronic commerce. The paper thus seeks to convince its readership of the fact that inability to counter cyber-crime can significantly hinge on the smooth socio-economic development of any Nation.
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    Embracing e-commerce in Uganda: prospects and challenges
    (The Uganda Christian University Law Review, 2009) Kakooza, Anthony C.K.
    This paper makes an attempt at a rather wide area of the law. In that respect, it taps into the likely constraints that stand in the way of an effective conversion from the traditional (and in some instances, comfortable) ways of doing business to taking on a touch of modern technology in commercial transactions. Some of the most affected areas concerning business practice that are likely to draw attention include issues such as: Regulation; the validity of data messages and regulation of business content; protection of consumers and protection of Intellectual Property rights. The paper thus presents the aforementioned aspects as legal issues arising and, focusing on the perspective of Uganda as a developing country, it points out the challenges that come with embracing modern means of communication and information technology in keeping up with other key players in the global village. In posing these challenges, the paper exposes the prospects and policies that can not be ignored by a growing economy like that of Uganda especially as a participant in International trade. It thus provides necessary eye-openers and makes an attempt at a few recommendations that can help provide a smoother transition from the traditional concepts of business to that of modern technology. The paper however also poses a few issues that need to be addressed as recommendations if e-commerce is to thrive comfortably within Uganda.
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    Implementation of a revised curriculum at Uganda Christian University
    (Commonwealth Legal Education Association (CLEA), 2015) Kakooza, Anthony C.K.; Dennison, Brian
    The Uganda Christian University hosts a four-year LLB Programme with approximately 900 students. Class sizes typically range from 100 to 130 students and are largely lecture based. This environment is not ideal for facilitating improvements in the writing and oral presentation skills of students. In September of 2014 the Faculty of Law at Uganda Christian University launched a revised curriculum. The revised curriculum addressed perceived problem areas in educational delivery through cost-effective strategies. The utilization and leverage of teaching assistants is at the centre of its change strategies. This paper provides an overview of the change strategies and presents findings from an assessment of these strategies. The paper will be of particular interest and value to law schools in emerging states facing the challenge of large class sizes and limited resources.
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    Land law reform in Uganda: exploring the loose ends.
    (Social Science Research Network, 2008-01-18) Kakooza, Anthony C.K.
    This paper addresses the present composition of land laws in Uganda and the need for reform. It does not particularly provide a critique on each of the land law legislations and neither does it particularly focus on case law principles on the same. A venture which is quite lengthy, to say the least. It, however, attempts to highlight the pertinent concerns on the most notorious provisions under some of the prevalent land law legislations which can and should be simplified for the convenience of the public. It also provides a doorway for new legislations and regulations that can be harmonized within the present land laws with a view of bringing the general land law up to date with the present concerns. In that vein, it looks into the present controversy surrounding the Land Amendment Bill, 2007. The object of this Bill is essentially to enhance the rights and interests of lawful and bonafide occupants on registered land. The paper thus poses critical views on the effects such protection accords on other parties on the same land. The Paper thus serves the general purpose of convincing on the need to harmonize or replace archaic and sometimes discordant land sector laws, so as to bring them in line with the new legal order and thus to implement the new constitutional provisions for protection of land and property rights.