Stakeholders call for stronger intellectual property protection

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Stakeholders in Uganda’s legal and cultural heritage sectors are calling for stronger intellectual property protection. They say the move would safeguard the nation’s cultural heritage from being eroded by modern influences.

At the KTA Annual Symposium on September 25, 2024, organised by KTA Advocates in partnership with the Uganda Law Society at Design Quarter in Kampala, discussions centred on how Uganda’s cultural identity, expressions and heritage can be legally protected like other intellectual property, such as trademarks, copyrights and patents.

Kenneth Muhangi, a partner at KTA Advocates, highlighted the impact of cultural appropriation, noting that aspects of Uganda’s culture are now featured in Hollywood films and other foreign platforms.

He expressed concern over the loss of artifacts and cultural expressions.

“We need to have these things protected so that they belong to the communities and are preserved for future generations because we understand the importance of cultural heritage," he stated.

Muhangi added that cultural heritage plays a vital role in shaping identity and helping communities understand their roots, especially in the face of Western influences and internet culture that weaken traditional values.

“There is no way you will know where you are going if you don’t know where you are coming from. Many of us, especially the young people, are losing our sense of self-worth. Cultural education is very important,” he said.

The symposium brought together representatives from various cultural kingdoms, including Buganda, Busoga, Bunyoro, and Tooro.

These stakeholders argued that while Ugandans identify nationally due to colonial borders, their cultural roots existed long before these boundaries.

They emphasized the need to reinstate cultural education as a means of preserving Uganda’s unique heritage.

Efforts to address this issue are already underway, with the Uganda Registration Services Bureau (URSB) working on a law that will recognise cultural heritage and traditional cultural expressions as community-owned intellectual property.

Justice minister Norbert Mao shared insights on how colonialism impacted Ugandan culture.

Indigenous culture disrupted 

He explained that colonial powers disrupted indigenous culture to establish control.

“If I am exploiting you, I must disrupt your culture and impose upon you a culture that makes you accept what I’m doing without question. I underpay you; I overwork you, but I have already planted that seed in your brain; your happiness will be after you have departed this earth,” he said.

Mao also pointed out that national culture should be tied to national pride and identity, even in everyday attire.

He mentioned the dress code in Parliament, which discourages traditional wear, unlike countries like India, which prioritize national dress as part of their cultural identity.

“A central organisation is very important to do some kind of weeding. There is a lot of weeds in the minds of people who are trying to escape colonialism, and that weeding must be a deliberate effort,” he added.

Mao urged for a unified approach from the government to reclaim cultural expressions, stressing the importance of a central body to assert Uganda’s cultural rights.

Rethinking the approach 

As for David Mpanga, a lawyer and minister in the Buganda Kingdom, suggested that simply adding representatives to Parliament may not address the deeper challenges.

“We need to look at the nature of the state and make it a state that represents us, rather than a state that forms us,” Mpanga said.

He argued for a political system rooted in native institutions and customary practices, suggesting that true representation might emerge from allowing these institutions a more central role in governance.

“It may not make a difference if you do it that way. What should our democracy look like, and what should our representative legislature look like? It might be one that comes out of native institutions and into the centre.” Mpanga added.

The symposium concluded with calls for protecting Uganda’s cultural heritage from being appropriated by foreign entities and preserving it for future generations. With modern influences and internet culture changing traditional practices, stakeholders emphasized that urgent action is needed to protect Uganda’s rich cultural history.