AI and IP in Uganda: Unlocking creativity amid legal, ethical challenges

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OPINION

By Hilda Wamono

Imagine a Ugandan musician crafting a chart-topping song using Suno, an AI tool, only to discover it’s unprotected under local law.

Artificial Intelligence (AI) refers to computer systems mimicking human intelligence. AI is revolutionising how Ugandans create music, films, and patents. Yet, Uganda’s intellectual property (IP) laws, unprepared for AI’s rise, leave creators in a legal gray zone. As AI reshapes creativity globally, this article explores the legal, ethical, and practical challenges of AI-generated IP in Uganda, alongside opportunities to foster creativity and innovation.

AI’s Growing Role in Uganda’s IP Landscape

AI tools like Suno, Udio, Aiva, and Boomy empower Ugandans to compose music, while Google’s Flow promises AI-driven filmmaking. AI also aids patent drafting and social media content creation. These tools democratize creativity, enabling local artists to compete globally. However, they challenge Uganda’s IP framework, which lacks provisions for AI-generated works, raising questions about ownership, protection, and fairness.

Legal Challenges: A Human-Centric IP Framework

Uganda’s IP laws, such as the Copyrights and Neighbouring Rights Act, Industrial Property Act, and Trademarks Ac, require human authorship or inventorship. The Copyright Act mandates “original work” from a human author, excluding AI-generated songs or films. The Industrial Property Act demands novelty and non-obviousness by a human inventor, sidelining AI-driven patents. Trademarks, under the Trademarks Act, face ambiguity: could an AI-designed logo be registered if it meets public policy standards? 

Globally, similar debates unfold. In August 2023, a US federal judge ruled AI-generated art ineligible for copyright due to its non-human origin. Generally, like other jurisdictions, Uganda doesn’t protect AI-generated works. Uganda’s silence on these issues leaves AI works unprotected, exposing creators to infringement.

Ethical Challenges: Consent, Bias, and Fairness

AI’s integration into IP raises ethical concerns. Many AI tools are trained on data that may include Ugandan artists’ works without consent, risking exploitation. Biased algorithms could produce content that stereotypes local cultures, such as music misrepresenting Ugandan traditions. Lack of transparency in AI processes, i.e creators can’t trace data sources further, erodes trust. These issues threaten Uganda’s creative system, demanding ethical safeguards to ensure fairness and cultural respect.

Opportunities: Harnessing AI for IP Innovation

Despite challenges, AI offers transformative benefits. It streamlines IP creation, from generating novel designs to drafting patents. AI can enhance IP management, automating registration and detecting infringements. By enabling Ugandan creators to reach global markets, AI fosters cultural exchange and economic growth. A robust AI-IP framework could position Uganda as a creative hub in Africa.

Recommendations

To build a Future-Ready IP Framework and balance AI’s potential with its challenges, Uganda should: 

Develop an AI-IP Policy: Create a policy addressing ownership, liability, and infringement processes for AI-generated works. 

Reform IP Laws: Amend IP laws to include AI-assisted creations.

Promote Ethical Standards: Mandate transparency in AI training data to address consent and bias, ensuring culturally sensitive outputs. 

Collaborate Globally: Partner with WIPO and ARIPO to adopt best practices. A task force could study jurisdictions that protect AI-generated works to tailor solutions for Uganda.

AI has the potential to reshape Uganda’s creative landscape, but legal and ethical gaps threaten its potential. By reforming IP laws and policies, addressing consent and bias, and learning from global models, Uganda can protect creators while harnessing AI for innovation. Policymakers, artists, and tech stakeholders must act now to build a framework that empowers Uganda’s creative future, ensuring AI drives progress without compromising fairness or culture.

The writer is a lawyer