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 »

Finally the SEACONET Model Copyright Law

IP Kenya has received news that the Southern and Eastern Africa Copyright Network (SEACONET) is in the final stages of unveiling the final version of the sample draft law which was adopted during the SEACONET August 2012 meeting in Malawi. Read the full story over at the CIPIT blog here. Continue reading »

Kenyan DJs Must Be Licensed for Commercial Use of Copyright and Related Rights in Music

It all started with this lone tweet from your favourite DJ’s favourite DJ: #dearkenyanartists if I were you, I'd find a way to make sure that mcsk doesn't touch the djs. If they do, kenyan music will die— CodeRED Dj Stylez (@coderedstylez) November 13, 2012 Endless tweets, tweefs and radio interviews later, the air does … Continue reading »

IPKenya’s Weekly Round-up of Intellectual Property News from Africa

“…the vehicle (featured above) and systems are completely manufactured in South Africa and are 100% South African intellectual property” – Engineering News. (Read more about South Africa’s Husky 2G armoured route clearance vehicle here.) Today is 1st September 2012 and from Lagos to Gaberone, intellectual property is alive and well. Today marks “No Music Day” … Continue reading »

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 »

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 »

“Sue, Baby, Sue!”: Miguna’s Peeling Back the Mask and the Digital Copyright Infringement Debate

This wouldn’t be the first, second or third time IPKenya has written on the collision between politics and intellectual property. This time, we focus on a controversial new book called “Peeling Back the Mask: A Quest for Justice in Kenya” penned by Mr. Miguna Miguna, a former close aide to Prime Minister Raila Odinga. As … Continue reading »

A Challenge for Law Schools in Kenya to Take IP Seriously

IPKenya would like to begin by echoing Article 40 (6) of the Constitution of Kenya which states: “The State shall support, promote and protect of the intellectual property rights of the people of Kenya” This post is a call for a different interpretation of this article that puts us, intellectual property scholars and students, at … Continue reading »

Finding a Balance in Software Copyright Litigation: Microsoft Cases in Nigeria and Kenya

  Recently, IPKenya came across the Nigerian Court of Appeal’s decision in the case of Microsoft Corporation v. Franike Associates Ltd. Excerpts from this case are available here. The Court of Appeal in this case was asked to overturn a Federal High Court decision which dismissed Microsoft’s copyright infringement claim on the following basis: “the … Continue reading »