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Exactly one year ago today, on 6th September 2025, I lost a colleague, a mentor, and a dear friend, Jamina Apio Opio Apaula. Jamina loved intellectual property law with a quiet, persistent passion. She did not just practise it; she lived it, talked about it, and, most importantly, made me fall in love with it too. It was Jamina who pushed me to pursue my current Master of Laws thesis in intellectual property. Her belief in the value of ideas was infectious.
But Jamina’s mentorship extended beyond the professional. The last instruction she gave me was not about a case or a client. It was about my family. “Racheal,” she said, “look into trusts for your family property.” At the time, I nodded. It was only later that I understood the profound wisdom in her words.
Today, to honour her memory, I want to share two legal principles that Jamina believed every Ugandan should understand: intellectual property and trusts. They may sound like the language of boardrooms and high courts, but they are, at their core, about protecting what you create and providing for the people you love.
Protecting the Fruit of Your Mind
Intellectual property, or IP as it is commonly known, is the legal term for creations of the mind. It encompasses everything from the song you compose, the novel you write, the software you code, the brand name you build, to the invention you design. In Uganda, IP is not just a legal formality; it is increasingly recognised as a cornerstone for economic growth, innovation, and cultural development.
The government, through the Uganda Registration Services Bureau (URSB), has been working to make IP protection more accessible. Recent reforms, such as the Copyright and Neighbouring Rights (Amendment) Regulations, have streamlined the registration process, making it quicker and cheaper for creators to secure their rights. There are also renewed efforts to implement the National Intellectual Property Policy, aiming to integrate IP more deeply into our national development.
Why should this matter to you? Because ideas are valuable. When you fail to protect your work, you risk others profiting from your sweat and creativity. When you register your trademark, your copyright, or your patent, you secure the exclusive right to benefit from your own creation. This is particularly critical for our young innovators, artists, and entrepreneurs who are building Uganda’s future. As the Director General of the World Intellectual Property Organization recently noted during his visit to Uganda, IP is not just a legal concept; it is a driver of jobs, innovation, and opportunities.
A Trust Is Not a Matter of Distrust
The second principle Jamina urged me to explore is trusts. Many people hear the word “trust” and think it is something only for the very wealthy or for large corporations. This is a misconception.
A trust is a legal arrangement where a person (the settlor) transfers ownership of assets to another person or body (the trustee) to hold and manage for the benefit of one or more people (the beneficiaries). The trustee holds the legal title, but the real benefit belongs to the beneficiaries.
In Uganda, trusts are more embedded in our everyday lives than we often realise. They are commonly used where a person holds land or company shares for someone else. Trusts are a powerful tool for family wealth preservation, ensuring that property can be passed down through generations in an orderly manner, without the disputes and fragmentation that so often plague family estates upon the death of a patriarch or matriarch.
Under Ugandan law, you can create either an unincorporated trust, which is based purely on a trust deed and lacks separate legal personality, or an incorporated trust, which is registered with the Ministry of Lands, Housing and Urban Development and enjoys perpetual succession. The incorporated trust can hold assets in its own name, making it a more robust vehicle for long-term family asset management.
Jamina’s instruction to me was simple but profound: do not leave your family’s future to chance. A properly drafted trust deed ensures that your wishes are respected, your assets are protected, and your loved ones are provided for. It is an act of love and responsibility.
Two Legacies, One Lesson
Intellectual property protects the fruit of your mind. Trusts protect the fruit of your labour for the people you love. Both are about security. Both are about legacy. Both are about ensuring that what you have built—whether a creative work or a family estate—endures.
Jamina Apio Opio Apaula taught me that. She may no longer be here to see the seeds she planted, but the lessons she left behind continue to grow. I hope that by sharing them, I can plant a few seeds of my own.
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Racheal Kyomuhangi is an Advocate of the High Court of Uganda and a registered Trademark Agent with the Uganda Registration Services Bureau.
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