On Thursday 23 September 2004 09:46, Christopher Nambale/Bushnet wrote: > Wire, > > That's what I do not understand about this country.. is it because we > xerox in school that we carry it to our working lives. In my opinion such > a law should be made with our current level of development in mind > together with what our future plans are and how best we can stimulate > economic development, not forgetting the ever important cultural issues. > But to mimic UK's law is to accept that we do not have problems unique to > our setting and our intellectual capacity is wanting.
I'm not sure of the current status of the laws wrt this particular case, but I'd imagine that the government is not going to copy_and_paste the laws from the UK into UG. It wouldn't make sense - the cultures, markets and environmental variables are purely different (colonialism and all aside). Rather, I'd expect them to use the UK law as a foundation, a basis for relating to our own situation and adopting accordingly. As the adage goes, if you can spare yourself re-inventing the wheel, then by George do so. Just make the changes that matter, and that's what I suspect is going to happen. > Besides I know of a > number of lawyers who are doing post graduate study in Intellectual > property law, information society law etc, these people need employment > and who better to employ or consult them than the ministry of justice. Well, just to provide some perspective, ZA adopted the American constitution (you know, where criminals and animals have more rights than us mere mortal), and they modified it to suit some of their needs. Yes, it has been controversial, yes it probably wasn't the best move, but after all that struggle, I guess using an acceptable basis to form their own governance wasn't such a bad idea. Mark. > > CN > > > > [EMAIL PROTECTED] > Sent by: [EMAIL PROTECTED] > 09/23/2004 09:00 AM > Please respond to > Linux Users Group Uganda <[EMAIL PROTECTED]> > > > To > "Linux Users Group Uganda" <[EMAIL PROTECTED]> > cc > > Subject > Re: [LUG] legal dress(redress!) > > > > > > > Hi Shem > > Regarding Uganda's current position on IP and e-commerce, there is a green > paper that was forwarded to cabinet by the Law Reform Commission on the > proposed E-Commerce law based mainly on the UK version. > > As for the copyright law which caters for IP, a white paper is soon being > presented to Parliament by cabinet and I understand it has been upgraded > to include protection of IT software producers. > > Thats as far as I know. > > Wire > > > Kiggs, > > > > Lawyers have strange ways of interpreting laws, until they do, and > > decisions are upheld up to the supreme court, then its always a case of > > wait and see. > > But I am still blank on my issues I asked about below > > > > enlighten me , what is the present status of the law governing > > > > a) intellectual copy rights ? > > > >> b) ICT stuff - software and hardware, are these now acceptable as > >> evidence ? > >> c) e-commerce, has Uganda signed up to the unictral e-commerce law or > >> has it been enacted/incorporated into our laws ? > > > > warmest regards > > > > Shem Nnaggenda Kanabi-Nsubuga > > Africa Project Manager PACES > > AFRICA REGIONAL OFFICE > > Standard Chartered Bank, 1, Aldermanbury Square, London EC2V 7SB, UK > > Tel: +44 (0)20 72807805 : +44 (0)20 7457 7805 or +44 (0)20 7280 7500 > > AEN: + 1044 7805 FONENET+1401 7805 Fax: +44 207 280 7208; Mobile: +44 > > (0) > > > 790 4795061 > > > > "Leading the Way in Asia , Africa and the Middle East" > > > > > > > > > > > > [EMAIL PROTECTED] > > 22-09-04 02:44 PM > > Please respond to Linux Users Group Uganda > > > > > > To: Linux Users Group Uganda <[EMAIL PROTECTED]> > > cc: > > Subject: Re: [LUG] legal dress(redress!) > > > > Shem, > > Very good question. As you know, not only is our country very small and > > poor, it does not have a history of the small man winning battles > > against the big guys in the courts (unless its assult with a hundred > > witnesses or some such thing)) that is why Lunghabo said it would be a > > test case. We just don't have the Intellectual Property laws in place. > > > > I do not think it will be a test case, I think it will be a case that > > will be handled like all the rest. I would be very suprised if anything > > apart from a judgement in favour of the big boys is given. > > > > As I said earlier its a waste of time and money in my opinion. > > > > If you are foolhardy enough to sue the big boys then do it correctly. Do > > it where the laws are fair and the chances are much higher of victory. > > > > An example of South Africans suing the British Parent company of a South > > African subsidiary that erred is contained below. > > > > The precedent is thus set. > > http://www.fasken.com/WEB/FMDWEBSITEFRENCH.NSF/0/9B7DA3616057265085256C4D00 >4C40EA/$File/PARENT%20CORPORATION%20LIABILITY%20FOR%20FOREIGN%20SUBSIDIARIES >.PDF?OpenElement > > > The end of the document says.......... > > H. THE ENGLISH CAPE ASBESTOS DECISION > > The English House of Lords recently ruled on whether South African > > residents could sue in English Courts for tort damages arising in the > > South African asbestos mines owned by a subsidiary of an English parent > > corporation9. More than three thousand South Africans sought standing to > > sue London-based Cape PLC for negligent control of its South African > > subsidiaries. Cape PLC owned the South African holding company, Cape > > Asbestos South Africa (Pty.) Limited ( CASAP ), which in turn owned the > > asbestos mines in South Africa s Northern Cape Province. The claim > > involves asbestosis and cancers attributable to exposure to asbestos in > > the CASAP mines before 1979. Cape PLC ended its operations in South > > Africa in 1979. The House of Lords unanimously decided that all the > > claimants could sue the parent company in England. The House of Lords > > found that this case concerns the responsibility of the parent company > > for ensuring the observance of proper standards of health and safety by > > its overseas subsidiaries.............. > > > > Kiggs > > > > > > On Tue, 2004-09-21 at 14:35, [EMAIL PROTECTED] > > > > wrote: > >> Good people , > >> > >> Do u know that the suit this guy(lets call him .....!) last wore was > >> one he had "bought" and returned to the store the day after he wore it > >> ? Using the "u can return it in 7 days if you are not happy sales > >> sweetener?" > >> This is an example of many sales techniques. > >> > >> enlighten me , what is the present status of the law governing > >> > >> a) intellectual copy rights ? > >> b) ICT stuff - software and hardware, are these now acceptable as > >> evidence ? > >> c) e-commerce, has Uganda signed up to the unictral e-commerce law or > >> has it been enacted/incorporated into our laws ? > >> > >> warmest regards > >> > >> > >> > >> Shem Nnaggenda Kanabi-Nsubuga > >> AFRICA REGIONAL OFFICE > >> Standard Chartered Bank, 1, Aldermanbury Square, London EC2V 7SB, UK > >> Tel: +44 (0)20 72807805 : +44 (0)20 7457 7805 or +44 (0)20 7280 7500 > >> > >> AEN: + 1044 7805 FONENET+1401 7805 Fax: +44 207 280 7208; Mobile: +44 > >> (0) 790 4795061 > >> > >> > >> "Leading the Way in Asia , Africa and the Middle East" > >> > >> > >> > >> ______________________________________________________________________ > >> --------------------------------------------------------- > >> > >> This email is confidential. 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