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DISCLAIMER
This blog does not contain legal advice. The legal information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based on such information, we encourage you to consult with the appropriate professionals. Authors are liable for any plagiarism and Lawpoint Uganda won`t have liability towards the same.


Is Artistic Freedom Safe in the NFT Age? Lessons from Hermès Int'l v. Rothschild
The Hermès v. Rothschild case therefore represents trademark law's attempt to re-establish control over the "real" and its signs in a hyperreal economy, asserting that even in the digital ether, the fundamental principles of preventing confusion and dilution must apply to maintain the integrity of established brands against unauthorized "simulacra."
Edgar Okitoi
4 days ago19 min read
29


PIERCING THE CORPORATE VEIL: THE LANDMARK EMERALD HOTEL JUDGMENT AND ITS TRANSFORMATIVE IMPACT ON UGANDAN BANKING LAW
From a regulatory perspective, the case spotlights the interaction between insolvency law and banking regulation. The Court’s reliance on the Financial Institutions (Credit Classification and Provisioning) Regulations, 2005 (reg.10) to explain interest on this non-performing loan suggests that credit regulators should ensure banks apply these rules consistently.

Obita Calvin Stewart
7 days ago6 min read
102


Revisiting the Doctrine of Guarantorship in a Contract: A Comparative Look at Mian Aqueel & Anor v Exim Bank (U) Ltd and Ecobank Uganda Ltd v King James Comprehensive School Ltd & Others
A guarantee establishes a tripartite legal relationship involving the creditor, the principal debtor, and the guarantor. Under this arrangement, the guarantor undertakes a secondary obligation to satisfy the debt or obligation if the principal debtor defaults. This secondary liability only becomes enforceable upon the failure of the principal debtor to fulfil their primary obligation.

Lawpointuganda
Jun 810 min read
75


Tom Waits v. Doritos: Vocal Identity, Misappropriation, and Lessons for Uganda's Intellectual Property Regulatory Framework.
The rise of artificial intelligence has dramatically transformed the landscape of voice imitation, making it possible to create highly realistic digital replicas of an individual’s voice, often without their knowledge or consent for example the Late Ugandan Artist, Moze Radio of GOODLYFE Music, there have been allegations of AI voice imitation of his likeness and vocal timbre.
Edgar Okitoi
Jun 29 min read
44


NEW BALANCE V GOLDEN GOOSE: THE LEGAL BATTLE OVER THE “DAD SHOE” DESIGN
A mark’s strength is measured by its distinctiveness and ability to act inherently as a badge or indicator of origin. New Balance claims its 990 design is “distinctive” through secondary meaning, arguing that it acquired its distinctiveness through use, noting that it sold millions of 990s over 40 years and spent many millions promoting them.
Edgar Okitoi
May 2817 min read
35


AW OR LEVERAGE? A CRITICAL DECONSTRUCTION OF Nambi v. Nalukoola AND THE WEAPONIZATION OF ELECTORAL JUSTICE IN UGANDA
The High Court's decision in Nambi Faridah Kigongo v. Luyimbazi Elias Nalukoola and Electoral Commission, rendered on 26 May 2025, is more than a routine election petition ruling. At face value, the Court invalidated the victory of the National Unity Platform (NUP) candidate Elias Nalukoola in Kawempe North due to significant irregularities, namely, the failure to return results from 14 polling stations, and the Respondent’s personal violation of campaign laws on polling day.

Obita Calvin Stewart
May 278 min read
65


CARBON MARKETS AND UGANDA: LEGAL FRAMEWORKS, CHALLENGES, AND OPPORTUNITIES
Article 6 of the Paris Agreement plays a critical role in shaping international carbon markets, offering frameworks for countries and companies to cooperate in achieving emissions reductions. Under Article 6.2, countries can engage in bilateral or multilateral agreements to transfer emissions reductions, known as Internationally Transferred Mitigation Outcomes (ITMOs), which can be counted toward their own climate targets.

Obita Calvin Stewart
May 259 min read
81


THE LOUBOUTIN V. YSL RED SOLE DISPUTE: FASHION, LAW, AND THE LIMITS OF TRADEMARK PROTECTION
A trademark must act as an indicator of origin, denoting from whom the goods or services came rather than what they are, that is why in Canon Kabushiki Kaisha v Metro Goldwyn - Mayer Inc court noted that the essential function of the trade mark is to guarantee the identity of the origin of the marked product to the consumer.
Edgar Okitoi
May 247 min read
66


Does Tattooing a Photograph Count as Copyright Infringement? How the Kat Von D Tattoo Case Redefined Copyright Law for Body Art
The courtroom battle between celebrity tattoo artist Kat Von D and photographer Jeff Sedlik over a Miles Davis portrait tattoo became a landmark case that forced the law to confront a modern dilemma: Can a tattoo infringe copyright if it’s art, homage, or something else entirely?
This legal clash wasn’t just about a single tattoo, it was a collision of two creative worlds. On one side, Sedlik’s iconic photograph of jazz legend Miles Davis, a tightly controlled copyrighted wor

Edgar Okitoi
May 46 min read
71


REFLECTING ON LABOUR DAY AND THE VALUE OF LEGAL WORK
In our profession, work must be paid for, not just paid, but paid fairly. Fair compensation should reflect both the effort and skill involved, without being exploitative. This is where the Advocates (Remuneration and Taxation of Costs) Regulations come in. These regulations offer a clear framework for what constitutes reasonable legal fees, balancing client protection with the dignity of legal labour. Lawyers must use them not only as a pricing guide, but as a tool to defend

Cleopatra Abikiira
May 12 min read
13


“BLOCKCHAIN TECHNOLOGY AS A MEANS TO END FRAUD IN LAND CONVEYANCING”
Blockchain, a decentralised and transparent ledger system, offers secure and verifiable transaction records, which could significantly reduce fraudulent activities in land transactions.
Despite introducing a digital land registry system in Uganda in 2013, land fraud remains prevalent. The paper examines the current land registration practices in Uganda, the persistent issues of fraud, and how blockchain can address these challenges by enhancing transparency, security, and ef

Joshua Morris Byaruhanga
Apr 2619 min read
55


THE OCCUPATION OF GOMA AND ATTACK ON UGANDA’S EMBASSY: AN INTERNATIONAL LAW PERSPECTIVE
The issue of determining whether an area is subject to the laws of occupation or the laws governing armed conflict is complex and often con

Obita Calvin Stewart
Feb 2510 min read
86


Kenya's High Court Rules Cousin Relationships Are Not Incest: Lessons for Uganda’s Sexual Offences Bill 2024 Review
Interestingly, Clause 15(3) of Uganda’s Sexual Offences Bill 2024 allows for exceptions where sexual acts between prohibited relatives are

Waboga David
Feb 144 min read
78


THE TRIAL OF CIVILIANS IN MILITARY COURTS: A GLOBAL PERSPECTIVE AND THE UGANGAN CONUNDRUM
Several key cases have shaped the jurisprudence on whether military courts can try civilians. These cases reflect global opposition to the p

Obita Calvin Stewart
Jan 2911 min read
90


When the Gavel Falls Silent: How the Ugandan Judiciary Silence on Attorney General v Kabaziguruka Reflects a Betrayal of the Social Contract and the Rule of Law
Without decisive action, the dominoes of impunity will continue to fall, and the Judiciary will be remembered as the force that gave them th

Waboga David
Jan 105 min read
26


ARE LAWYERS STILL SAFE REPRESENTING CLIENTS IN UGANDA’S GENERAL COURT MARTIAL? A QUESTION OF CONTEMPT FOR JUSTICE OR CONTEMPT OF COURT?
It is high time we confronted the elephant in the room. The safety of lawyers in the General Court Martial and the integrity of the justice

Waboga David
Jan 74 min read
56


TERMINATION OF EMPLOYMENT: THE NEED FOR REASON AND HEARING UNDER UGANDAN EMPLOYMENT LAW.
The court distinguished section 65(1)(a) from section 66 of the Employment Act, (now revised as section 64 (1) (a) from section 65 of the Em

Cleopatra Abikiira
Nov 27, 20237 min read
681
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