Act 3 Industrial Property Act 2014 (4) Where a foreign patent referred to in subsection (3) resulted from applications that were filed in the country where the compulsory licence was granted after the coming into force of this Act or that were entitled to claim priority in Uganda on that same date, only those applications that are filed in Uganda in accordance with section 8(7) shall benefit from the remedies provided for in this section as well as in the general law on enforcement. (5) The customs authorities shall have the authority to take border measures for the purposes of this section. (6) Where the customs authorities take action under subsection (5), they shall notify the rights owner of the suspension of release and the rights owner shall have ten days for providing adequate evidence that the retained products prima facie correspond to the claims of the patent in question. (7) Without prejudice to the subsection (3), the same border measures that are available for the suspension by the customs authorities of the release into free circulation of counterfeit trademark and pirated copyright goods shall also apply to prevent the unauthorized importation or re-exportation of the products that have actually been imported into the territory of Uganda under the scheme referred to in subsection (3). (8) This section shall not apply to re-exportation of pharmaceutical products to other Members of the Common Market of Eastern and Southern Africa (COMESA). (9) Provisional measures aimed at preserving relevant evidence shall also be available before the granting of the pending patent application, where the court deems necessary. (10) The applicant shall initiate proceedings in court within twenty working days or thirty one calendar days, whichever is the longer, from the publication of the grant of the pending registration. 80

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