Brian Kajubi

BACKGROUND

Brian is an Associate with the firm’s Intellectual Property Team and Litigation Team at ALN Uganda | MMAKS Advocates, one of the leading law firms in Uganda. Brian acts for and advises clients on the creation, registration, maintenance, protection, commercialisation, and enforcement of intellectual property rights in Uganda. 

Brian has experience in trademark protection (searching and prosecution) and enforcement (oppositions, cancellations, and infringements), copyright disputes, patent drawings and filings, company name objections, advertising complaints, image rights disputes and domain name disputes. His expertise and experience in intellectual enforcement matters extends beyond Uganda, into Africa and other foreign countries, giving him the unique ability to offer clients global and holistic enforcement measures.

Brian has a great interest in the field of commercial litigation, with an emphasis on intellectual property, entertainment law and ICT. 

Brian is the Vice Chairperson of Uganda Law Society Intellectual Property Cluster, a member of the Legal Committee of Federation of Uganda Football Association (FUFA), where he advises FUFA on sports disputes and sports legal related matters. He is also a member of the Contracts Committee of Makerere University Business School.

Brian teaches law at Uganda Christian University, School of law and Makerere University Business School, Department of Business Law.

Brian holds an Upper- Second Class LL. B (Hons.) degree from Uganda Christian University, Mukono and a Post Graduate Diploma in Legal Practice from the Law Development Centre. 

MEMBERSHIP IN PROFESSIONAL SOCIETIES

• Advocate, High Court of Uganda
• Member, Uganda Law Society
• Member, East Africa Law Society
• Vice Chairperson, Uganda Law Society Intellectual Property Law Cluster
• Member, East African Law Society Intellectual Property Committee

PROFESSIONAL QUALIFICATIONS

• Postgraduate Diploma in Legal Practice, Law Development Centre, Uganda
• LL. B (Hons.), Uganda Christian University, Mukono
• Certificate in Sports Law & Arbitration Practice, Uganda Olympic Committee

CAREER SUMMARY

2022 – date                Associate, MMAKS Advocates, Uganda

2020 – 2022                Associate, Nangwala, Rezida & Co. Advocates, Uganda

2017 – 2020                Associate, Ntwali & Co. Advocates, Uganda

AREAS OF EXPERTISE

• Intellectual Property 
• Commercial litigation
• Sports Arbitration and Practice
• Procurement law and Practice

TOP MATTERS

• Acted for Brookside Limited and Fresh Dairy (U) in registration, oppositions, and renewal of its several trademarks.
• Acted for Brookside Limited in a labour dispute against it by 110 former employees, for unlawful termination and redundancy, in which they sought compensation of UGX. 1.2 billion. 
• Acting for NBA Properties Inc. in a trademark opposition regarding their BAL trademark.
• Acting for DC Comics Inc., a renowned comic book publishing company in a trademark cancellation and removal matter regarding their famous comics and well-known SUPERMAN brand. 
• Acting for Liberty Group Limited, a multinational insurance, property, and financial services company in a trademark cancellation matter regarding their primary and well-known LIBERTY trademark.
• Acted for Victoria Hospital Limited in a suit against a Bank seeking to set aside a mortgage transaction and credit facilities of USD 5,500,000. 
• Acting for Mandela Group of Companies Limited in a trademark opposition by Nelson Mandela Foundation for an order against the registration of Mandela Group of Companies’ trademark. 
• Acting on behalf of twelve commercial banks in a copyright infringement suit. The firm’s role is to defend the Banks from allegations of infringement of copyright by rolling out agent assisted financial services and use of POS based technology platforms for agency banking. 
• Advising National Social Security Fund (NSSF) as retained external Counsel on routine Intellectual Property matters.
• Acted as counsel in a trademark opposition on behalf of The Procter & Gamble Company against the registration of a trademark similar to its well-known PAMPERS, PAMPERS & HEART device logo trademarks. 
• Acting for MOVIT Products Uganda Limited in a trademark opposition in China, against the registration of a trademark by a Chinese national which is similar to MOVIT trademark.
• Acting for Exim Bank (U) Ltd in a suit against it brought by a customer, challenging the sale of the mortgaged property arising out of several credit facilities of USD 200,000, term loans of USD 3,900,000 and UGX. 800,000,000/= and appointment of a receiver.
• Advising and acting for a scientist and university professor in registering and obtaining a Patent for her invention of DEEP LEARNING FOR AUTOMATED MOBILE MICROSCOPY DISEASE, under ARIPO protection.
• Advising Patagonia Inc. on the objection to the registration Patagonia as a State emblem under WIPO by Argentina, which is similar the client’s Patagonia trademarks.
• Acting for ICEA Group, in an ongoing trademark opposition against the registration of its several ICEA Lion trademarks.
• Acting for Power Horse Energy Drinks GmbH in a matter of trademark cancellation and removal from the register, obtaining an order for the removal and cancellation of a registered trademark similar to the RED HORSE trademarks 
• Successfully represented and defended Spark Television against a claim for alleged breach of minimum broadcasting standards raised by a consumer. The jurisdiction of the regulator over Spark Tv’s actions visa-vis the complainant’s allegations, were successfully challenged. 
• Acting for Mandela Millers Limited in a trademark cancellation matter, for cancellation orders against the registration of a trademark like the Supreme trademark.
• Acting for Potomac Tobacco Company Limited in an on-going Trademark opposition and objecting to the registration of Supermark Cigarette as a Trademark. 
• Acted as counsel in a trademark infringement and passing off matter on behalf of The Mentholatum Company Limited, against the infringement of the DEEP HEAT trademark and brand.
• Acted for a court mediator in a suit for image rights infringement against a Visual, Audio production and record label company, for the use of the Plaintiff’s image to advertise a public concert without his consent.