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Intellectual Property in Kenya

IP Kenya Monthly Review (July 2014)

This past month, we discussed several interesting developments and aspects of intellectual property (IP) in Kenya including: the timeframe for the establishment of the Intellectual Property Office of Kenya, the revised Draft National Music Policy and the newly appointed Music Policy Committee and the inclusion of the artist’s resale right in Kenya. Outside Kenya, we … Continue reading

Intellectual Property in Kenya / International Intellectual Property / IP News

IP Kenya Named among Managing IP Top 50 Most Influential People in Intellectual Property 2014

“This is the 12th year we have compiled a list of the 50 most influential people in IP worldwide. Over that time, ideas about influence have changed. It’s no longer the case that IP law and policy is determined by self-important officials sitting in the centres of power, and academics preaching to small audiences. Today, … Continue reading

Collective Rights Management / Copyright / Intellectual Property in Kenya / Kenya Copyright Board KeCoBo

Artist’s Resale Right: How Kenya Can Make History in Africa

Artisans and visual artists of Kenya, unite! With the anticipated amendments to the Kenya Copyright Act in line with the forthcoming establishment of the Intellectual Property Office of Kenya, this is the opportune time for owners and authors of artistic works to actively lobby the Government of Kenya for the inclusion of the artist’s resale … Continue reading

Collective Rights Management / Copyright / Information Technology / Intellectual Property in Kenya / IP News / IP Policy / Kenya Association of Music Producers KAMP / Music Copyright Society of Kenya MCSK / Performers' Rights Society of Kenya PRISK / Trade marks / Traditional Knowledge, Genetic Resources and Traditional Cultural Expressions

Comments on the Revised Draft National Music Policy

Recently, it was reported that the Cabinet Secretary in the Ministry of Sports, Culture and the Arts, Dr. Hassan Wario has appointed a 10-person committee to finalise work on Kenya’s National Music Policy. This Music Policy Committee will be chaired by the Director of Administration at the Ministry, Mr Wenslas Ong’ayo and comprises two representatives … Continue reading

Anti-Counterfeit / Intellectual Property in Kenya / IP News / Kenya Copyright Board KeCoBo / Kenya Industrial Property Institute KIPI

Insights on the Proposed Intellectual Property Office of Kenya

Recently, the Standard newspaper published a piece titled: “Truth behind delay in parastatal reforms, months after President Uhuru Kenyatta’s directive”, in which it explained that the reason for the delay in the setting up of the proposed Intellectual Property Office of Kenya (IPOK) among other newly merged parastatals was that the Government Owned Entities (GoE) … Continue reading

Intellectual Property in Kenya / International Intellectual Property / Copyright / Patents / IP News

Intellectual Property in the Employment Context: South African High Court Dismisses “Please Call Me” Case Against Vodacom

Recently, the much-awaited judgment in the case of Makate v Vodacom (Pty) Limited [2014] ZAGPJHC was delivered by the South African High Court in Johannesburg. The case revolves around the “Please Call Me” (PCM) service whereby Vodacom allowed its subscribers to send FREE messages to anyone on all South African networks, asking them to call … Continue reading

Collective Rights Management / Copyright / Intellectual Property in Kenya / International Intellectual Property / IP News / Kenya Association of Music Producers KAMP / Music Copyright Society of Kenya MCSK / Performers' Rights Society of Kenya PRISK

No Such Thing as Free Content: Copyright Lessons for Kenya from “Aereo” US Supreme Court Decision

In the recent case of American Broadcasting Cos. v. Aereo, Inc., the Supreme Court of the United States (SCOTUS) held, by majority (6 to 3), that the Aereo streaming service is a “public performance” within the meaning of US Copyright law and therefore amounts to an infringement of copyright in the underlying content. The case … Continue reading