Room for Judicial Review in Collective Administration of Copyright: High Court Judgment in Nakuru Pub Owners v. KAMP & PRISK

The High Court of Kenya sitting at Nakuru has recently handed down an interesting judgment in the case of Republic v Kenya Association of Music Producers (KAMP) & another Ex-Parte Nakuru Municipality Pubs, Bars, Restaurants and Hotel Owners Association (Suing Through Their Trustees) [2015] eKLR. A copy of the judgment is available here. In this … Continue reading Room for Judicial Review in Collective Administration of Copyright: High Court Judgment in Nakuru Pub Owners v. KAMP & PRISK

End of An Era & New Dawn at KAMP

Until September 2014, the leadership of collective management organisations (CMOs) was almost entirely female (with the exception of MCSK). However one interesting feature about the Chief Executive Officers/General Managers of all four CMOs in Kenya was that they were all trained lawyers. This month, things have changed. The Kenya Association of Music Producers (KAMP) has … Continue reading End of An Era & New Dawn at KAMP

High Court Orders Government to Facilitate Copyright Tribunal in PERAK Case against KAMP and PRiSK

In a judgment delivered recently, the High Court in the case of Republic v Kenya Association of Music Producers (KAMP) & 3 others Ex- Parte Pubs, Entertainment and Restaurants Association of Kenya (PERAK) [2014] eKLR has ordered the State to set up the Competent Authority established under the Copyright Act to hear and determine the … Continue reading High Court Orders Government to Facilitate Copyright Tribunal in PERAK Case against KAMP and PRiSK

High Court Declares Section 30A of the Copyright Act Unconstitutional and CMO License Agreement Unlawful

This blogger has come across a recent judgment in the case of Mercy Munee Kingoo & Anor v. Safaricom Limited & Anor [unreported] Malindi High Court Constitutional Petition No. 5 of 2016 delivered by Mr. Justice S.J Chitembwe on 3rd November 2016. At the heart of this Petition was the claim that section 30A of … Continue reading High Court Declares Section 30A of the Copyright Act Unconstitutional and CMO License Agreement Unlawful

Kenyan Java House Africa Triumphs Against Ugandan Cafe Javas in Crucial Trade Mark Court Case

In a judgment delivered yesterday (February 9th 2016), the High Court of Uganda in Civil Appeal No 13 of 2015 has set aside the decision of the Registrar of Trade Marks at Uganda Registration Services Bureau (URSB). Mr. Justice Madrama Izama allowed the appeal by Nairobi Java House Limited with costs and found that the … Continue reading Kenyan Java House Africa Triumphs Against Ugandan Cafe Javas in Crucial Trade Mark Court Case

Devil in the Details of Joint Collection of License Fees for Musical Works and Sound Recordings

Last week, the ever-busy Kenya Copyright Board (KECOBO) published a public notice stating that it had approved the renewals of registration as collecting societies for Music Copyright Society of Kenya (MCSK), Kenya Association of Music Producers (KAMP) and Performers Rights Society of Kenya (PRiSK) for the period January 1st to December 31st 2016. According to KECOBO, … Continue reading Devil in the Details of Joint Collection of License Fees for Musical Works and Sound Recordings

Uncertain Future for Reprographic Rights in Kenya as KOPIKEN Collecting Society Registration Not Renewed

In a public notice by Kenya Copyright Board (KECOBO) published on February 4th 2016, we are informed that KECOBO at its Board Meeting of January 28th 2016 considered the application for renewal of registration as a collecting society made by the Reproduction Rights Society of Kenya (Kopiken). After consideration of Kopiken’s application, KECOBO decided not … Continue reading Uncertain Future for Reprographic Rights in Kenya as KOPIKEN Collecting Society Registration Not Renewed

Kenyans Pay Three Times More Than South Africans to Use Sound Recordings: Lessons from Appeal Court Judgment in SAMPRA v. Foschini Retail Group & 9 Ors

Recently, Kenya Copyright Board (KECOBO) published on its website here the proposed 2016 collecting society joint tariffs for musical works, sound recordings and audio-visual works. A copy of these joint tariffs is available here. In order to ensure public participation before the approval of these tariffs, KECOBO will convene an open half-day public forum to be held next week on … Continue reading Kenyans Pay Three Times More Than South Africans to Use Sound Recordings: Lessons from Appeal Court Judgment in SAMPRA v. Foschini Retail Group & 9 Ors

Copyright Regulations Amended and Collecting Societies’ Tariffs Gazetted

Most IP observers will concur that in the recent past the related rights collecting societies namely Kenya Association of Music Producers (KAMP) and Performers’ Rights Society of Kenya (PRiSK) have done exceedingly well for themselves in the area of legislative and policy reforms by leveraging on the goodwill from Kenya Copyright Board (KECOBO). As a … Continue reading Copyright Regulations Amended and Collecting Societies’ Tariffs Gazetted

Nairobi Java House Rebranding as Trade Mark Appeal Looms in Uganda

Many readers will recall that earlier this year the Registrar of Trade Marks in Uganda ruled in favour of Mandela Auto Spares in a matter filed to oppose the move by Nairobi Java House Limited to register trade marks containing the word JAVA in class 43 (restaurant services). The basis of the Ugandan company’s claim … Continue reading Nairobi Java House Rebranding as Trade Mark Appeal Looms in Uganda