#ipkenya Weekly Dozen: 29/06

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  • The Continental Free Trade Area: A game changer for Africa [The East African]
  • Crunch Time at WIPO-IGC: A Last Attempt to Draft a New Genetic Resources Text? [ABS Canada]
  • Zimbabwe Launches National IP Policy & Implementation Strategy [AllThingsIP]
  • Ethiopia: Whose injera is it anyway? [Mail & Guardian]
  • Strengthening African Science [Project Syndicate]
  • South Africa: Marked improvements on the IP landscape [Lexology]
  • Google is throwing its weight behind artificial intelligence for Africa [Quartz]
  • Enabling intellectual property and innovation systems for South Africa’s development and competitiveness [Sibanda’s 2018 PhD Thesis]
  • Nigeria: Food Security In Africa: Is Genetically Modified Technology A Pathway? [Leadership]
  • Number of patents is a poor measure of innovation in ARIPO and Kenya [AfroIP]
  • Emojis and intellectual property law [WIPO Magazine]
  • Ten Years Later: Dismal Performance Scorecard for Kenya’s Anti-Counterfeit Agency [Captain Obvious]

For more news stories and developments, please check out #ipkenya on twitter and feel free to share any other intellectual property-related items that you may come across.

Have a great week-end!

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Mobile Developer Claims Copyright over Songa Music App by Safaricom, Radio Africa

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The recently reported High Court case of Evans Gikunda v. Patrick Quarcoo & Two Others [2018] was born out of a business deal gone bad. At the heart of this dispute is a music application (app) that the plaintiff (Gikunda) claims to have conceptualised, designed and developed between 2012 and 2016. However Gikunda joined the employ of the 2nd Defendant (Radio Africa Group Limited) in 2013 where the 1st Defendant (Quarcoo), the Chief Executive at Radio Africa, ‘persuaded Gikunda to partner with him to ensure that the product gets to market’.

According to Gikunda, Quarcoo proposed that that once Radio Africa’s Board of Directors sanctioned its participation in his app, they would share out the ownership of the app as follows: Radio Africa – 40%; Gikunda- 30%; Quarcoo- 20%; and the remaining 10% to a strategic partner. However, in mid-2016, Gikunda resigned from Radio Africa after which he alleges that Quarcoo and Radio Africa sold the app, without his knowledge, to the 3rd Defendant (Safaricom).

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Join Creative Commons Kenya Chapter: Meet-up This Friday 29/06 at CJ’s

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This Friday 29th June 08:00-09:00am you are all invited for an informal meet-up to discuss formally setting up the Creative Commons (CC) community in Kenya as a CC Chapter. As some may know, the CC Global Network is going through a restructuring process and the reorganisation of country teams into chapters is a part of this process. As such, CC would like to invite everyone interested to join this process. To this end, CC HQ has put together a toolkit to guide country teams through the process of setting up a chapter.

In the meantime, you are all invited to formally register as members of the CC Global Network by signing up at http://network.creativecommons.org.

Finally, feel free to connect on the CC Kenya WhatsApp group which you can join through this link: https://chat.whatsapp.com/4Eyf9KDh8Mq7dh5veOh7sn

Ten Years Later: Dismal Performance Scorecard for Kenya’s Anti-Counterfeit Agency

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In 2008, Anti-Counterfeit Agency (ACA) was birthed as Kenya’s TRIPS-plus experiment to spearhead intellectual property (IP) rights enforcement by coordinating efforts among various state agencies. In our humble opinion, ACA deserves no score higher than 3/10 for its performance in fulfilling its overall statutory mandate in Kenya.

It was envisioned that ACA would be a shining example of an inter-agency approach to IP rights enforcement with private sector coordination. Ten years later, it is safe to say that ACA has failed to live up to its potential. The reason? Two words: Institutional Corruption.

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Kenyan Company Seeks to Stop Barclays ABSA Bank Rebrand in Trade Mark Suit

Barclays Bank rebrand ABSA Group Africa Kenya Daily Nation March 2018

In the recent High Court case of ABSA Kenya Limited v Barclays Bank of Kenya [2018] eKLR, a Kenyan company has failed to temporarily halt the proposed name change of Barclays Bank to Absa. ABSA Kenya claimed that it had received cancellation of lucrative transactions due to confusion created by the planned rebranding by Barclays Bank. However the learned judge in this case dismissed the plaintiff’s application for interim injunction to ‘restrain Barclays from using, representing, infringing, advertising or in any manner whatever the trade mark and the name ABSA or its derivatives, deductives, corollaries devices and/or anxilliaries in Kenya or in any other place or at all.’

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#ipkenya Weekly Dozen: 22/06

  • Confédération Africaine de Football cries foul over infringement of World Cup broadcast rights [Official]
  • Celebrating Twenty Years of the WIPO Academy [Yup Its a Big Deal]
  • ARIPO IP Roving Seminar Meets Academic Institutions in Namibia [Official]
  • Engineering seeds: implications for African farmers [Pambazuka]
  • The problem with simply growing more tech hubs in Africa [Quartz]
  • Zimbabwe set to launch its National IP Policy and Strategy [Chronicle]
  • The cost of changing a country’s name: Swaziland is now the Kingdom of eSwatini [Kudos Afro Leo]
  • Uganda Farmers Working on Geographical Indication for Coffee [Observer]
  • Senegal: Akon wants to build ‘real-life Wakanda’ using a cryptocurrency called AKoin [Stay Tuned]
  • South African Portfolio Committee on Trade and Industry Debates a General Copyright Exception [infojustice]
  • Nigeria: Need to address serious flaws in Patents and Designs Act [DailyTrust]
  • Kenya: Watch out for fakes on virtual shopping sites [Captain Obvious]

 

For more news stories and developments, please check out #ipkenya on twitter and feel free to share any other intellectual property-related items that you may come across.

Have a great week-end!

For the Second Time, Sony Trade Marks Case Goes to the Court of Appeal

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Since 2014, we have chronicled on this blog here, here and here an interesting trade mark dispute in Kenya between local company Sony Holdings and Japanese electronics maker Sony Corporation. This blogger is reliably informed that an appeal has already been filed in the Court of Appeal against last month’s decision of the High Court in the reported case of Sony Corporation v Sony Holding Limited [2018] eKLR. In order to discern the likely grounds of appeal, it is important to consider this recent judgment made by the High Court.

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