Summary: In a judgment delivered on 23 August 2012 by Judge Griesel (Fortuin & Samela JJ concurring), the High Court of South Africa in the case of Voor-Groenberg Nursery CC and Another v Colors Fruit South Africa (Pty) Ltd [2012] has set an important precedent on the standard of proof of ownership of vegetative materials … Continue reading »
Monthly Archives: August 2012
The Newly-Appointed 2012-2015 Kenya Copyright Board of Directors
The Attorney General who is the Minister responsible for copyright and related rights in Kenya has appointed 12 individuals to serve as Board Directors of the Kenya Copyright Board (KECOBO). These appointments took effect on the 17th of August 2012 and will run for a period of 3 years. The announcement of these appointments can … Continue reading »
Uganda: Is it copyright infringement to use a politician’s speeches as ringtones?
New Vision in Uganda has reported that ex-Kampala Mayor Al Haji Nasser Ntege Sebaggala is suing Africa’s largest telecommunications company MTN for copyright infringment by using his speech recordings as ringtones. It is reported that MTN has acknowledged that the recording is indeed Sebaggala’s voice but contends that he did not make the recording nor … Continue reading »
Upcoming Event #POWOAugust: Poets and Writers Online Discuss Digital Protection of Works
This Saturday 18 August 2012, IPKenya will be at #POWOAugust discussing the topic: “Protecting Your Work Online”. Some of the areas that will be discussed are: “All Rights Reserved” protection versus “Some Rights Reserved” protection, exceptions and limitations under the Copyright Act (“fair dealing”), technological protection measures (“TPMs”) and dealing with IP infringement online. IPKenya … Continue reading »
Software Patents, Business Method Patents: State of Play in Kenya
“anything under the sun that is made by man [is patentable]” – US Supreme Court in the case of Diamond v. Chakrabarty 447 US 303 (1980) “From where does a man derive his right to possess something, and to refuse the whole world his right of ownership? This right originates from only one factor; the … Continue reading »
Tobacco Plain Packaging Law: Intellectual Property Rights versus Human Rights in Kenya
Australia’s Parliament is without doubt one of the most proactive legislatures in the world. In a few short years, it has made history as the first country to legislate on carbon taxes and now it is taking on the multi-billion dollar worldwide tobacco industry. In the above clip, circa 10:53, Richard di Natale, Senator from … Continue reading »
Hope for Intellectual Property in Kenya: CIPIT at Strathmore University
For the last two days, IPKenya has been attending the inaugural event of the Centre for Intellectual Property and Information Technology Law (CIPIT) at Strathmore University. As many may already know, Strathmore Law School is the first law school in the entire Eastern and Central African region to set up a research centre wholly dedicated … Continue reading »
IP Check-In August: Monthly Discussions on Intellectual Property in Kenya
“IP Check-In” (Follow @IPCheckin on twitter) is a vibrant group of Intellectual Property (IP) enthusiasts in Kenya who meet every month to discuss topical IP issues in Kenya as well as developments and emerging trends in IP from around the world. This month, IPKenya joined the IP Check-In group at iHub Nairobi and the topic … Continue reading »
Some Gleanings: Intellectual Property Rights Infringement in the Digital Environment
Recently, IPKenya was privy to a Q&A session between a member of the group “IP-Checkin” (@IPCheckin on twitter) and Dr. Marisella Ouma, Executive Director of KECOBO. One particular item stood out: IP Check-in: Has KECOBO considered how to have Section 36 come into full effect with regard to the Digital Works? Is there a definition … Continue reading »
The Case for an Inter-Agency Approach to Intellectual Property Protection and Enforcement
Today marks the opening of an important event by the Anti-Counterfeit Agency (ACA): “Workshop on the Implementation of an Interagency Approach to Intellectual Property Protection and Enforcement: Kenya and the East African Community” Unlike tangible property, IP is not well understood and thus is highly under-utilised in Kenya. That said, it is no secret that … Continue reading »