Kenya’s Anti-Counterfeit Act: Intellectual Property and Constitutionalism Collide

In 2009, three HIV/AIDS patients petitioned the Constitutional Court to declare the Anti-Counterfeit Act illegal because it could deny them access to generic medicines. The move sought to have the 2008 Anti-Counterfeiting Act made unconstitutional on the grounds that it could rob them of their right to life. The Constitutional Court is due to deliver … Continue reading »

Are we all lazy? The debate over innovation in Africa is back

IPKenya came across this viral “article” by a certain Field Ruwe titled: “You Lazy (Intellectual) African Scum!”. In case you haven’t already read it, please do. It is annoyingly true for the most part and perhaps what is being described in the “article” about Zambia could be applied to lots of other African countries. However, … Continue reading »

The intellectual property tale of how Kenya almost lost the Kikoi fabric

Recently, the Standard did a feature titled “How Global Coalition saved Local Fabric” in which it called for pro-active measures and long-term strategies to avert the loss of Kenya’s intellectual property assets to foreign entities. “The country has seen one of its most indigenous products, Kiondo, snapped by international companies and nobody knows which one … Continue reading »

The Fight Against Piracy: Open Source Software versus Microsoft

This past week both leading newspapers and the Business Daily have run stories highlighting a peculiar trend among certain Kenyan businesses who are opting for open source software primarily to escape the long arm of the law. As IPKenya announced late last year, software giant Microsoft through its East and Central Africa Regional Office here … Continue reading »

The Fate of Music Copyright Society of Kenya (MCSK)

Today IPKenya came across this story in the Bahamas Tribune about the Bahamas Copyright Royalty Tribunal titled “Copyright Holders Recieve ‘Not One Cent’ in 11 Years” and the opening paragraph summarises the article as follows: “”NOT one single cent” has been paid by the fund set up 11 years ago by the Bahamas to compensate … Continue reading »

Trade mark tussle over Standard Group ‘Eve Sisters’ name

The January issue of The Nairobi Law Monthly reports “Standard wins ‘sisters’ name row” which pertains to the recent ‘trade mark infringement dispute’ filed by Creative Force Events MD Ann Njeri Mungai Kihiu against The Standard Group Ltd and Associate Editor, Ms. Njoki Karuoya. The background to this trade mark dispute is simply boils down … Continue reading »

Election Campaigns and Copyright Infringement

It’s election year again for both Kenya and the United States. And with election year comes campaign posters, slogans, colours and logos. Today IPKenya’s attention was drawn to an interesting case of appropriation involving the photograph of a well-known freelance photographer that was used in a gubernatorial candidate’s campaign poster. Evans Kidero, a rising public … Continue reading »

Anti-counterfeit agency steps in ‘Zero B’ trade mark row

Two different news reports on the ‘Zero B’ trade mark were reported on the 30th and 31st of December 2011. In the Star piece “Nakumatt caught in trademark row” it is reported that Nakumatt Holdings, the largest retail store chain in East and Central Africa, has been caught in trademark row between a local company … Continue reading »

2012 for Intellectual Property in Kenya

IPKenya is back for a second year, hoping to be more informative and relevant than last year and still gunning for that coveted “Kat-approved” badge. To start things off, here is a small list of IPKenya’s twelve expectations for 2012:- 1. The Geographical Indications Bill will be signed into law. 2. The Copyright Amendment Bill … Continue reading »