Trade Mark Squatting, Blackmail and Prior Use Defence: High Court Ruling in Clips Kenya v Brands Imports Africa

Recently, Kenya Law reported the case of Clips Limited v Brands Imports (Africa) Limited formerly named Brand Imports Limited [2015] eKLR which involved three disputed trade marks: ATLAS, FANTASTIC and ALPHA registered in class 16 in Bahrain, Saudi Arabia, Yemen and Kuwait by Clips Kenya’s parent company, Hoshan. From 2010 to-date, Clips Kenya has been trading in … Continue reading Trade Mark Squatting, Blackmail and Prior Use Defence: High Court Ruling in Clips Kenya v Brands Imports Africa

Defence of Prior Use of Anterior Mark Under Trade Mark Law

Under both the Kenyan and South African Trademark Acts, there are several provisions which limit the right to the use of a trade mark granted by registration. For purposes of this blogpost, let us consider the provision of section 10 of the Kenya Trade Mark Act and its equivalent section 36 in South Africa’s Trade … Continue reading Defence of Prior Use of Anterior Mark Under Trade Mark Law

Rwanda: Well Known Status, Bad Faith Registration and Prior Use Arguments in ‘AZANIA’ Trade Mark Dispute

In an article published here, it is reported that Tanzanian firm Mikoani Limited were unsuccessful in their bid to have the Commercial Division of the High Court annul the registration of ‘AZANIA’, a trade mark whose ownership was in dispute between the parties. Azam and Azania are bitter rivals in Tanzania, where the two firms, … Continue reading Rwanda: Well Known Status, Bad Faith Registration and Prior Use Arguments in ‘AZANIA’ Trade Mark Dispute

High Court Orders Stay of Tribunal’s Invalidation of Sanitam Sanitary Bin ARIPO Patent No. 773

In the recent case of Sanitam Services (E A) Ltd v Rentokil (K) Ltd & another (K) Ltd [2014] eKLR, the High Court has issued a stay order against the ruling of the Industrial Property Tribunal (IPT) delivered on 21st January 2014 which invalidated with costs on the higher-scale Sanitam’s Patent Number AP 773 registered … Continue reading High Court Orders Stay of Tribunal’s Invalidation of Sanitam Sanitary Bin ARIPO Patent No. 773

Patent Litigation in Kenya: Lessons from the Sanitam Services East Africa Cases

UPDATE: The Star Newspaper has confirmed the invalidation of Sanitam’s patent no AP 773 in an article published here. “The [matter] before us focuses on a branch of law which has scanty litigation and therefore minimal jurisprudential corpus in this country, but which has exploded on the world stage since the end of the 19th … Continue reading Patent Litigation in Kenya: Lessons from the Sanitam Services East Africa Cases

Plant Breeders’ Rights and Intellectual Property Ownership

Summary: In a judgment delivered on 23 August 2012 by Judge Griesel (Fortuin & Samela JJ concurring), the High Court of South Africa in the case of Voor-Groenberg Nursery CC and Another v Colors Fruit South Africa (Pty) Ltd [2012] has set an important precedent on the standard of proof of ownership of vegetative materials … Continue reading Plant Breeders’ Rights and Intellectual Property Ownership