Access to Medicines in the Developing World: No to Evergreening in Novartis Case and No to Patent Linkage in Patricia Asero Case

As part of the World IP Day 2013 activities in Kenya, CIPIT will host a special intellectual property (IP) debate organised by the Aids Law Project (ALP) between students drawn from the local universities. The topic of this debate is: how the Novartis and Patricia Asero court decisions affect public health in developing countries. Although … Continue reading »

State of Kenya’s Intellectual Property Protection and Enforcement Regime

A study commissioned by the International Chamber of Commerce (ICC) Business Action to Stop Counterfeiting and Piracy (BASCAP) initiative reports that Kenya’s current intellectual property (IP) rights regime performs poorly in international gauges, ranking 95th of 130 countries in the IPR Index and 106th of 140 economies in the Global Competitiveness Index 2010. The BASCAP … Continue reading »

African Currencies: Intellectual Property Rights and State Sovereignty

“The trademark patent right of the naira notes in circulation is owned by non-Nigerians, the Central Bank of Nigeria (CBN) has revealed.” That is the opening line of today’s article in a local daily in Nigeria “Leadership” in an article titled: “Foreigners Own Naira Patent – Central Bank of Nigeria”. As many may already know, … 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 »

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 »

Kenyan Intellectual Property Law Practice Strikes Gold

One of Kenya’s most prominent corporate law firms, Iseme, Kamau & Maema Advocates (IKM), has been named as one of the top 1000 global law firms in trademark law practice and related intellectual property matters. The World Trademark Review 1000, which is in its second edition, is an essential guide to the world’s leading trademark … Continue reading »

Kenya’s Top IP Lawyers to Attend International Trademark Association INTA Annual Meeting

You’ve probably heard that next week, 9,000 professionals from around the world are expected to attend the International Trademark Association (INTA) Annual Meeting in Washington, DC from May 5 to 9 2012. Some of the topics on the agenda include international trademark issues, including developments in international trademark laws, tactics for fighting global counterfeiting and … Continue reading »

The Rise of Constitutional Intellectual Property in Kenya

In a recent judgment in the case of Patricia Asero Ochieng, Maurine Atieno and Joseph Munyi vs Republic H.C.C.C. Petition No. 409 of 2009 handed down by Lady Justice Mumbi Ngugi (also known as “Kenyan Jurist” in blogging circles), the Constitutional Division of the High Court held that one of Kenya’s intellectual property laws namely … Continue reading »

World Intellectual Property Day Almost Here: Current State of IP in Kenya

Editor’s note: This post is divided into three parts: 1. Recap of major IP developments in Kenya so far. 2. World IP Day celebrations in Kenya. 3. Visionary innovators in Kenya – two personal picks. Continue reading »

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 »