High Court of Kenya Dismisses Copyright Infringement Case Against Oxford University Press

In a ruling dated 15th June, 2012 in the case of Njeri Wangari & Another v. Oxford University Press (E.A) Ltd. [2012] eKLR, Judge A. Mabeya dismissed an application for summary judgment in a clear case of copyright infringement filed by an author and her publisher. Read the full ruling here. The facts of this … Continue reading »

Constitutional Review and Intellectual Property Rights: Zambia’s Bold Step Forward

IPKenya recently found time to peruse the First Draft Constitution of the Republic of Zambia, published on 30th April 2012 by the Technical Committee on Drafting the Zambian Constitution. Read the full draft Constitution here. News reports indicate that Zambia is in the process of reviewing its Constitution and that Zambians have been given a … 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 »

Moline infringing on Mololine Trademark, According to Court

The ratio decidendi of Lady Justice Murugi Mugo’s decision can be found on the second last page of the judgement: “…it is clear that the words “MOLOLINE” and “MOLINE” as appearing in the Applicant’s minibuses KBB 882 M and respondents KBM 807 C and KBK 425B highly resemble in material particulars. (…) the said words … 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 »

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 »

Uganda: Nice & Lovely v. Nice & Soft Trade mark Dispute

Interconsumer Products Ltd V Nice & Soft (2003) Ltd (Misc. Appl. No 256 Of 2011) [2011] UGCommC 104 In a recent matter before seasoned IP judge Justice Christopher Madrama sitting in the Commercial Division of the High Court of Uganda at Kampala, Interconsumer Products Ltd. (the applicant) applied for a temporary injunction to restrain the … Continue reading »

Establishment of a National Intellectual Property Academy in Kenya

IPKenya has learned, from a reliable source, that the World Intellectual Property Organisation (WIPO) has agreed to support the Kenya Industrial Property Office (KIPI) in establishing a National Intellectual Property Academy in Kenya. The proposed academy will collaborate with other institutions of higher learning to train in matters of intellectual property at different levels. A … Continue reading »

IP Crammer 2011: The Good, The Bad & The Ugly of Intellectual Property in Kenya

Afro Leo a.k.a the Lion that tweets has let the cat out of the bag about this year’s IP Crammer which I assume will be similar to a previous one he attended. Anyways, his roar to African IP observers and commentators in regard to the IP Crammer was loud and clear: “What are the top … Continue reading »