European Union’s resolution on EACOP Project

You might know a pipeline simply be a long pipe that runs underground for the sole purpose of conveying oil. The East African Crude Oil Pipeline Project is no different and started in 2006 when oil was first discovered in Uganda. The pipeline will transport oil produced from Uganda’s Lake Albert oil fields to Port Tanga in Tanzania where oil is to be sold to the would-be markets.

The completion of this pipeline gives East Africa an upper hand presenting them with opportunities to boost the economies of both Uganda and Tanzania, providing tax revenues for the two Host Governments, job creation, national content, new infrastructure, logistics, skills, foreign direct investment and enhancement of the trade corridor between Uganda and Tanzania.

The European Union parliament has recently condemned and urged Total Energies to postpone the project, to enable feasible studies to explore an alternative route to safeguard protected and sensitive ecosystems and the water resources of Uganda and Tanzania. Given the expectation that the oil transported will be permanently heated at about 50°C to transport, the EU has argued that this will make it the longest heated pipeline in the world causing fears of increased violation of human rights and a risk of poisoning Uganda’s water bodies and wetlands causing a dent in our environment.

This pipeline would transport 200,000 barrels of oil per day and generate up to 34 million tons of carbon emissions each year. While their arguments and fears may be valid, however, the question that remains to be answered is whether the European Union has a valid say in the affairs of African countries.

The resolution arises after continued protests from several Environmental Activists against the project. President Museveni stated that the project will continue despite the European Union’s resolution. The resolution may have a massive effect on the social-economic growth of both Uganda and Tanzania. This includes a loss of job opportunities that were promised to several people and a decrease in investments. For the EU to have such a massive influence on the decisions that affect Africa’s economy is questionable given that both states are fully independent and able to address their internal processes. This decision carries the following implications;

i) In 1062, resolution 1803 passed by the United Nations general assembly gave countries permanent sovereignty over their natural resources. Every country after this was allowed to explore and utilize its natural resources as they deemed fit. The current resolution made by the European Union against the EACOP project is a violation of this right to sovereignty and freedom to their natural resources for their social-economic growth.

ii) The argument that the pipeline will have great environmental implications is quite invalid, given that majority of the global gas emissions is present within more developed countries than in Africa. This shows that this is a direct frustration of the project.

iii) The countries involved, that is Uganda and Tanzania, need to pursue measures that place the EU’s fears to rest providing for technical ways to ensure environmental management to avoid any environmental issues that may arise.

iv) A definite setback is bound to occur incase Uganda or international companies that have committed to invest in the projects withdraw. It’s important to note that this decision is not binding but if any game players decide to comply, that would delay any processes that have started.

We do not agree with this decision, and to give our country a fighting chance to overturn this resolution and place the reins back in our hands we call you to sign the following petition below:

What is a Trademark?

We have all heard of trademarks being part and part of intellectual property but understanding what they mean is another story.

A trademark is a distinctive sign that identifies certain goods or services produced or provided by an individual or a company from those of other enterprises. This could be a sign or mark that includes any word, symbol, slogan, logo, sound, smell, colour, brand label, name, signature, letter, numeral or any combination of them and should be capable of being represented graphically.

The essence of this is to help a consumer or any customer easily identify a product. For example, when you see an apple with a single bite, there is no question in your mind that you are looking at a Mac product. The beauty of a trademark is its distinctiveness. A trademark should be non-descriptive and not likely to confuse. When a person registers a trademark, its registration confers exclusive rights to the owner to prevent others from using the same or confusingly similar mark.

As you start your business or invention, you may be wondering why it’s necessary to create a trade mark for yourself. After all, you already have a business name. Creating a trademark for oneself carries the following benefits:

Registration of a Trademark in Uganda.

Any person or corporation who is the owner of a mark used, or proposed to be used, by him in Uganda, may make an application for the registration of a mark in Uganda. Such a person must first search to ascertain whether the trademark exists in the register upon payment of a prescribed fee.

A trademark application is then filed upon payment of application fees. The application should contain the mark proposed to be used, the class of goods or services, the name, address and the signature of the applicant. Where the applicant is a foreign company/person, a power of attorney (simply-signed) or Form of Authorization to an Agent, who must be an advocate of the High Court of Uganda, is required. The filled application is then filed at the Trademarks Registry.

The application is examined by the Registrar to determine its inherent registrability and conflict with prior existing registrations and or applications. Where the application is accepted by the Registrar of Trademarks, the application is then advertised in the Uganda Gazette for 60 days. If there is no objection after the expiration of 60 days of the advertisement, the Registrar shall upon payment of the prescribed fee by the applicant enter the trademark in the register and issue a certificate of registration. A separate application is required for each class of goods.

In Uganda, a trademark is valid for seven years from the filing date of the application and may be renewed indefinitely for successive ten-year periods upon payment of the prescribed renewal fee.

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