New Version of Ugandan Counterfeit Goods Bill Makes Substantial Changes
The latest version of the Ugandan Counterfeit Goods Bill is substantially different from the last version, particularly in its definition of 'counterfeiting' and 'counterfeit goods.' The new bill includes the following changes:
- The counterfeiting is limited to violations of copyright and trademark rights
- The counterfeiting standard is now 'identical,' and does not include the softer standard of 'substantially similar'
- The counterfeit goods definition no longer requires an intent to deceive
- Machinery used to produce counterfeits is no longer defined as counterfeit
- With regard to counterfeit trademarked goods, the standard has changed from 'colorably similar' or 'likely to be confused with' to 'identical . . . or cannot be distinguished in its essential aspects.'
See the two versions of the bill side by side: