High Court Rules New Tobacco Law on Packaging, Labelling and Disclosure Does Not Violate Intellectual Property Rights

British American Tobacco Kenya

Previously, this blogger reported here that the High Court had suspended the coming into force of the Tobacco Control Regulations 2014 made by the Cabinet Secretary for Health scheduled to take effect on 1st June 2015. Recently in the case of British American Tobacco Kenya Ltd v Cabinet Secretary for the Ministry of Health & 4 others [2016] eKLR, Lady Justice Mumbi Ngugi (known to many readers for her landmark decision on anti-counterfeit law and access to medicines here) delivered a judgment at the High Court dismissing claims by ‘Big Tobacco’ that their constitutional rights including intellectual property (IP) rights are being violated by the new Tobacco Regulations.

Continue reading

Employment, Non-Competition and Intellectual Property: High Court Case of AMC International v. ABMC International

ABMC 2ND EXECUTIVE HUMAN RESOURCES BOOSTERS SYMPOSIUM 2013 DISPUTE COPYRIGHT TRADEMARK KENYA AMC INTERNATIONAL NAIROBI

This blogger has come across a recent ruling in the case of Africa Management Communication International Limited v Joseph Mathenge Mugo & another [2016] eKLR. In this case, the court declined to find the defendants (which included 2 ex-employees of the plaintiff) in contempt of court orders made preventing them from passing off and carrying themselves as a sister or associate company of the plaintiff (a former employer of the defendants). In addition the plaintiff sought to have the ex-employees committed in prison for three months for violating orders restraining one of the ex-employees from being a director in the 2nd defendant company for a stipulated period of 18 months.

This blogpost examines this case which illustrates the importance of ensuring that employers take proactive steps to secure all their intellectual property (IP) assets against employees no longer in employment and that such former employees are reasonably restrained by contract from trading using the IP assets of the former employer.

Continue reading

Tax Law and Intellectual Property: “Shell” Trade Mark Licensee Vivo Energy v. Kenya Revenue Authority

vivo energy shell licensee africa - Copy

 

The High Court recently delivered its judgment in the case of Vivo Energy Kenya Limited v Kenya Revenue Authority [2016] eKLR holding that the Commissioner of Domestic Taxes erred for concluding that a non-exclusive and non-transmissible license to use “Shell” trade marks was a sale of a property giving rise to royalty within the meaning of Section 2 of the Income Tax Act and hence chargeable to tax.

Continue reading

No Making Available Right, No Royalties from Multichoice Signal Distribution

GRH Consulting Diagrammatical View of Broadcasting Copyright Satellite Signal Distribution

This blogpost has been prompted by two recent developments in Kenya and Namibia. In Kenya, the High Court recently delivered a ruling in the case of Music Copyright Society of Kenya Limited & another v Multichoice (K) Limited & another [2016] eKLR in which the court dismissed the copyright infringement suit filed by the collective management organisation MCSK against Multichoice. Meanwhile in Namibia, a recent report here reveals one of the reasons why Southern African Music Rights Organisation (SAMRO) which receives royalties from Multichoice has failed to distribute them to other concerned African copyright societies.

Continue reading

MCSK Board Unceremoniously Removes Long-serving CEO

MCSK Maurice Okoth Public Notice Resignation Newspaper Music Copyright Society of Kenya 2016

In the above public notice in today’s newspaper, Music Copyright Society of Kenya (MCSK) states as follows:

“This is to inform the general public that Mr. Dan Maurice Okoth resigned from his position as the Chief Executive Officer of MCSK. Mr. Okoth ceased to be an employee of MCSK from 24th March 2016. He is therefore, not authorized to transact any business in the name of or on behalf of MCSK and that MCSK shall not take responsibility for any transactions made by him”

Continue reading