Incidental Use and Copyright Exhaustion: High Court Ruling in Nairobi Map Service v Celtel Kenya (Zain Kenya)

celtel map kenya africa

 

After 7 years in court, a judgment was recently delivered in the case of Nairobi Map Service Limited v Celtel Kenya Limited (Zain Kenya) & 2 others [2016] eKLR in which Nairobi Map sought to have the defendants namely Celtel/Zain Kenya (now Airtel Kenya), Z.K Advertising Kenya and the Sound and Picture Works company held liable for copyright infringement of a copyrighted map known as ‘Kenya Administrative Map’ which was included in the ‘Zain Coverage’ advertisement televised in August 2009.

According to the court there were 3 issues to determine namely: (1) whether the Plaintiff has copyright in the map known as ‘Kenya Administrative Map’; (2) If issue No. 1 is in the affirmative, whether all or any of the Defendants have infringed the Plaintiff’s copyright in the said map; and (3) Whether the Plaintiff is entitled to damages as prayed, from the Defendants or any of them.

Continue reading

Advertisements