Law Society of Kenya Article Review: “Copyright Protection for Foreign Works in Kenya”

We are pleased to have come across a solitary article on Intellectual Property (IP) in the recent Law Society of Kenya Journal Volume 9(2) of 2013. This article is titled “Copyright Protection for Foreign Works in Kenya” and was authored by Mr. Wilfred Lusi.

From the outset, the article appears to be premised on the problematic assumption that foreign works do not enjoy copyright protection in Kenya. Take for instance the first paragraph which reads: “The discussion herein is limited to exploring the significance of extending appropriate copyright protection to foreign works…”

In addition, the article fails to distinguish which category of copyright works will be examined in the article. Despite this lack of focus, a cursory reading of the article reveals that the main works primarily considered by the author were audio-visual and musical works. There also appears to be no distinction drawn in the article between copyright and related rights in foreign works. This blogger respectfully argues that this last distinction would have proved useful particularly from the perspective of administration of rights and enforcement of rights.

Read the rest of this article here.

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