UGANDA Law and Practice Contributed by: Timothy Kajja, Nanyonjo Janet Pheobe and Jolly Kibalama, Engoru, Mutebi Advocates
mark squatters to claim these marks within the Ugan - dan jurisdiction. 5.2 Copyright/Database Rights Intellectual property assets – such as photos, vide - os, team anthems, drawings, sculptures, and similar works – are protected as copyrightable material under the Copyright and Neighbouring Rights Act, Cap 222. Copyright protection arises automatically and does not depend on any registration formalities. However, registration is recommended as an additional safe - guard for these assets. Beyond legal protection, copyright registration also helps sports bodies document their intellectual prop - erty and record it as part of their company assets. It further facilitates transactions involving intellectual property, such as licensing and assignment. Despite these benefits, copyright registration levels remain significantly lower than those for trade marks. This leaves many works vulnerable to misuse and increases the likelihood of disputes. When disputes arise, common defences include fair use and inde - pendent creation. Sports Database Rights The collection of sports data in Uganda has historical - ly been limited. However, with the growing availability of data-harvesting technologies – such as wearable player tracking vests, optical tracking systems, and smart sensors – the volume of sports data being gen - erated has risen considerably. Generally, ownership of this data lies with the individu - als or entities that collect it, or with those who com - mission others to collect it on their behalf. In recent developments, some sports federations have begun requiring league clubs to systematically harvest such data and make it available to the clubs. 5.3 Recognising Personality/Image Rights A number of Ugandan athletes, such as Allan Okel - lo and Dennis Onyango, are increasingly becoming aware of their image rights and are actively taking steps to exploit them. With support from more profes - sional sports agents and managers, players are now
better positioned to build and commercially leverage their personal brands. As a result, many athletes are signing contracts and serving as ambassadors for various brands across the country. Ugandan law has consistently recognised and pro - tected image rights, and the Courts have repeatedly underscored that this protection applies to everyone, including athletes. In the past, there was confusion regarding the ownership of players’ image rights. Sports federations often believed that they held these rights. However, in the recent case of Pro‑Line Soccer Academy Limited v MTN Uganda Limited and M/s CQ Saathi & Saathi & FUFA (U) Limited , UGCommC 13 (Civil Suit 317 of 2011), the Court clarified that fed - erations do not own players’ image rights. Although the National Sports Act, Cap 151, appears to grant federations broad control over commercial rights, image rights remain primarily vested in the players themselves. While some players sign contracts that license their image rights to their clubs, best practice dictates that playing rights should be kept separate from image rights. This separation allows athletes greater flexibil - ity to commercialise their image, develop their per - sonal brand, and secure independent endorsement opportunities. 5.4 Protecting Personality/Image Rights Player image rights protection in Uganda is reinforced by the common‑law doctrine of passing off. This means that if anyone uses a player’s image for com - mercial gain without holding a valid licence, the player can successfully seek legal redress before the High Court. This position is illustrated by the earlier case of Proline Soccer Academy v MTN Uganda and Oth - ers , which confirms the courts’ willingness to protect players’ image rights under the doctrine of passing off. 5.5 Licensing The Copyright and Neighbouring Rights Act, Cap 222, provides a framework that allows copyright proprie - tors to license the use of their works to third parties. This is done through licensing agreements, which must be in writing. These agreements are also regis - trable with the Registrar of Copyrights.
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