High Court Declares Section 30A of the Copyright Act Unconstitutional and CMO License Agreement Unlawful

This blogger has come across a recent judgment in the case of Mercy Munee Kingoo & Anor v. Safaricom Limited & Anor [unreported] Malindi High Court Constitutional Petition No. 5 of 2016 delivered by Mr. Justice S.J Chitembwe on 3rd November 2016. At the heart of this Petition was the claim that section 30A of … Continue reading High Court Declares Section 30A of the Copyright Act Unconstitutional and CMO License Agreement Unlawful

High Court Declares Appointment of Anti-Counterfeit Agency Inspectors Unconstitutional

“In my view fresh appointments to the positions of inspectors must be open to the public and such positions must be advertised. It therefore does not matter whether the interested parties were handpicked by the Board or Mr Igathe [Former Chairman of ACA Board of Directors]. The era of handpicking persons and appointing them as … Continue reading High Court Declares Appointment of Anti-Counterfeit Agency Inspectors Unconstitutional

Goodwill as Constitutionally Protected Property: High Court Case of Bia Tosha Distributors v Kenya Breweries, EABL, Diageo

“I am acutely aware of the far reaching consequences of my conclusive finding that purely constitutional issues and questions have been borne out of a hitherto commercial relationship and hence the court’s jurisdiction rather than agreed mode of dispute resolution. I however do not for a moment view it that the framers of our Constitution … Continue reading Goodwill as Constitutionally Protected Property: High Court Case of Bia Tosha Distributors v Kenya Breweries, EABL, Diageo

High Court Judgment on Constitutionality of Equitable Remuneration Right and Copyright Collective Management

  Previously we reported here that two content service providers and three individual copyright owners had filed a constitutional petition at the High Court challenging the content of the equitable remuneration right in section 30A of the Copyright Act, the application and implementation of section 30A by the collective management organisations (CMOs) and the manner … Continue reading High Court Judgment on Constitutionality of Equitable Remuneration Right and Copyright Collective Management

Constitutionalisation of Intellectual Property in Africa: Some Experiences from Kenya

This month’s edition of the World Intellectual Property Organization (WIPO) publication “WIPO Magazine” contains an article on Egypt and Tunisia’s new constitutions which ‘recognize the importance of the knowledge economy and intellectual property (IP) rights’. This article by one Ahmed Abdel-Latif titled: “Egypt and Tunisia Underscore the Importance of IP” reads in part: “For the … Continue reading Constitutionalisation of Intellectual Property in Africa: Some Experiences from Kenya

KEMRI Ordered to Pay Researchers 30 Million Shillings for Constitutional Infringement of Intellectual Property Rights

In the recent case of Dr. Samson Gwer & 5 others v. Kenya Medical Research Institute (KEMRI) & 2 others Petition No. 21 of 2013, the Industrial Court at Nairobi found that KEMRI-Wellcome Trust Research Programme (KWTRP) had violated the constitutional rights to intellectual property of six Kenyan research doctors and ordered KEMRI to pay … Continue reading KEMRI Ordered to Pay Researchers 30 Million Shillings for Constitutional Infringement of Intellectual Property Rights

Why Private Copying Law and Practice in Kenya is Unconstitutional

Private copying can be defined as the act of making any copy for non-commercial purposes by a natural person for his/her own use. Kenya’s Copyright Act defines it as the making of a single copy for the personal and private use of the person making the copy. Although the right of reproduction under copyright law … Continue reading Why Private Copying Law and Practice in Kenya is Unconstitutional

Chief Justice Makes Rules for Enforcement of Intellectual Property Rights Under the Constitution of Kenya

Today, the Law Society of Kenya reports that the Chief Justice (CJ) Dr. Willy Mutunga has made Practice and Procedure Rules for enforcement of the Bill of Rights under Article 22(3) as read with Article 23 and Article 165 (3) (b) of the Constitution of Kenya. A copy of these Practice and Procedure Rules (hereafter … Continue reading Chief Justice Makes Rules for Enforcement of Intellectual Property Rights Under the Constitution of Kenya

How Laughter Works: XYZ Show, Parody and Intellectual Property Rights in Constitutional Kenya

“A society that takes itself too seriously risks bottling up its tensions and treating every example of irreverence as a threat to its existence. Humour is one of the great solvents of democracy. It permits the ambiguities and contradictions of public life to be articulated in non-violent forms. It promotes diversity. It enables a multitude … Continue reading How Laughter Works: XYZ Show, Parody and Intellectual Property Rights in Constitutional Kenya

Constitutional Protection of Traditional Knowledge in Zimbabwe and the Robert Mugabe Fashion Brand

Recently, the people of Zimbabwe went to the polls in a referendum vote for the acceptance or rejection of a draft new Constitution to replace the Lancaster Constitution of 1980, tied with their independence from Britain in 1980. A copy of the Constitution Select Committee (COPAC) Final Draft Constitution is available here. Local media reports … Continue reading Constitutional Protection of Traditional Knowledge in Zimbabwe and the Robert Mugabe Fashion Brand