As discussed previously, this month marks the 10 year birthday of Kenya’s Copyright Office (KECOBO) and this blogger promised to rate KECOBO’s performance over the past decade. In this blogger’s humble opinion, KECOBO deserves no score higher than 4/10 for its performance in overall administration of copyright and related rights in Kenya. In arriving at this score, this blogger looks at two key result areas for KECOBO, namely fighting piracy and regulation of CMOs in Kenya.
A good starting point would be to interrogate the theory behind the creation of institutions like KECOBO in our laws. From the landmark work of Richard Posner, one may term KECOBO a public interest regulator. The public interest theory of regulation holds that institutions like KECOBO exist to correct inefficiencies and inequities in the operation of the free market. Therefore government intervention generally is assumed to benefit society as a whole rather than particular vested interests. The regulatory body is considered to represent the interest of the society in which it operates rather than the private interests of the regulators.
Read the rest of this article on the CIPIT Law Blog here.