“A society that takes itself too seriously risks bottling up its tensions and treating every example of irreverence as a threat to its existence. Humour is one of the great solvents of democracy. It permits the ambiguities and contradictions of public life to be articulated in non-violent forms. It promotes diversity. It enables a multitude … Continue reading »
Tag Archives: South Africa
Intellectual Property in Kenya / International Intellectual Property / Copyright / IP News / Music Copyright Society of Kenya MCSK / Collective Rights Management
Balamine Ouattara: New Regional Director for African Copyright Societies
CISAC, the International Confederation of Societies of Authors and Composers, works towards increased recognition and protection of creators’ rights. CISAC was founded in 1926 and is a non-governmental, non-profit organisation. Its headquarters are in Paris, with regional offices in Budapest, Santiago de Chile, Johannesburg and Singapore. CISAC now reports that Mr. Balamine Ouattara has joined … Continue reading »
Intellectual Property in Kenya / Traditional Knowledge, Genetic Resources and Traditional Cultural Expressions
A Look at Kenya’s Draft Bill on Protection of Traditional Knowledge and Expressions of Folklore
This week, IPKenya came across the working draft legislation on traditional knowledge (TK) in Kenya. A copy of this draft is available here. With this background in mind, this blogpost will identify some of the key issues for Kenyan policymakers with the help of certain key texts namely, the ARIPO Swakopmund Protocol, Kenya’s National Policy … Continue reading »
Collective Rights Management / Copyright / International Intellectual Property / IP News / Kenya Association of Music Producers KAMP / Music Copyright Society of Kenya MCSK / Performers' Rights Society of Kenya PRISK
‘One Society, One Right’? 50 Years of Collective Administration of Music Copyright in Africa: Changes at SAMRO and MCSK
Last year, a Commission under the Department of Trade and Industry in South Africa was appointed to investigate collecting societies in South Africa. The Commission’s Report was recently released and can be accessed in full here. This 223-paged report on collecting societies in South Africa made a number of key recommendations. For instance, this is … Continue reading »
Revisting Copyright Protection of Databases in Kenya
In a recent decision by the South African High Court in Board of Healthcare Funders v Discovery Health Medical Scheme and Others [2012], Discovery Health South Africa was found guilty of copyright infringement in respect of a database developed by the Board of Healthcare Funders (BHF) known as Practice Code Numbering System (PCNS). PCNS is … Continue reading »
Plant Breeders’ Rights and Intellectual Property Ownership
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 »
Collective Rights Management / Copyright / Intellectual Property in Kenya / Kenya Association of Music Producers KAMP / Music Copyright Society of Kenya MCSK / Performers' Rights Society of Kenya PRISK / Reproduction Rights Society of Kenya Kopiken
Words for the Unwary: Intellectual Property and Political Parties in Kenya
Political parties in Kenya would be advised to take some lessons from recent happenings in Ghana and South Africa, relating to intellectual property (IP). With elections around the corner, there are a number of important issues that must be addressed by political parties to ensure that they do not fall foul of existing IP laws … Continue reading »
Anti-Counterfeit / Intellectual Property in Kenya / IP News / IP Precedents / Trade marks / World Intellectual Property Organisation WIPO
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 »
South African Firm Accused by Kenya of Patent Rights Breach
The Daily Nation reports that a South African company has been blamed for selling semen from the Boran bull, a Kenyan cattle breed by purporting it is a patented product of that country. When questioned by the Nation, the Livestock Minister Dr. Mohamed Kuti said that the move was in violation of the country’s patent … Continue reading »
Anti-Counterfeit / Intellectual Property in Kenya / International Intellectual Property / IP Enforcement / IP News / IP Precedents / Patents / Trade marks
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 »
