#ipkenya Weekly Dozen: 25/05

Africa people map

  • In Cannes, African filmmakers are plotting to take back control from European producers [Quartz]
  • CC Africa Community Collaborates on Continental Projects [Creative Commons]
  • Ghana becomes the 38th country to join the Marrakesh Treaty [Official]
  • Ethiopian Government to sue Dutch Company that patented teff grain [The Reporter]
  • The clock ticks towards General Data Protection Regulation for African companies [Nairobi Business Monthly]
  • South Africa Intellectual Property (IP) Policy-Phase 1 approved [Official]
  • Kenyan Film agencies clash in new licence fees row [Business Daily]
  • Eveready ruling keeps away rivals [Nation]
  • Kenya Income Tax Bill 2018 has new provisions on IP between associated persons [Treasury]
  • ARIPO Working Group Clarifies Fees Deadlines [Adams & Adams]
  • Kenya moves to regulate fintech-fuelled lending craze [Reuters]
  • TAMING THE INTERNET: The good, the bad and the ugly parts of the Kenya Computer Misuse and Cybercrimes Act 2018 [The Elephant]

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.

Happy Africa Day!

 

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Kenya’s Computer Misuse and Cybercrimes Bill Signed into Law

Uhuru Kenyatta signs Computer Misuse and Cybercrimes Bill into law 16 May 2018

On 16 May 2018, President Uhuru Kenyatta (pictured above) assented to the Computer Misuse and Cybercrimes Bill, 2018. The Bill was passed by the National Assembly on 26 April 2018. Readers of this blog will note that, unlike the previous Computer and Cybercrimes Bill, 2017 that was first tabled in Parliament, the Act now contains some new provisions relating to blockchain, mobile money, offences related to cybersquatting, electronic messages, revenge porn, identity theft and impersonation, as well as the newly created National Computer and Cybercrimes Coordination Committee. A copy of the Act is available here.

From an intellectual property (IP) perspective, the Act is significant for several reasons, including that it creates new offences and prescribes penalties related to cyber-infringements, it regulates jurisdiction, as well as the powers to investigate search and gain access to or seize items in relation to cybercrimes. It also regulates aspects of electronic evidence, relative to cybercrimes as well as aspects of international cooperation in respect to investigations of cybercrimes. Finally it creates several stringent obligations and requirements for service providers. Continue reading

For Your Own Protection: Why Proposed Anti-Counterfeit Act Amendments Make Sense

Nairobi-Fashion-Hub-Disconnect-Movie_1

The word ‘Disconnect’ (see caption image above) may be the title of the latest Kenyan blockbuster film but it also embodies the current raging debate over proposed changes to The Anti-Counterfeit Act No. 13 of 2008. In our previous blogposts here and here, we have largely dwelt on the demerits of the proposals contained in the Statute Law (Miscellaneous Amendments) Bill 2018, which if enacted, would radically affect intellectual property (IP) enforcement in Kenya, principally undertaken by Anti-Counterfeit Agency (ACA).

Meanwhile, some readers of this blog, who happen to be IP practitioners specialising in brand enforcement and anti-counterfeiting matters, have rightly pointed out that it is equally important to consider the merits of and benefits expected from the proposed changes to the Act if and when the omnibus Bill is enacted. In particular, this blogpost will focus on the proposals relating to offences and the ‘recordation’ requirements.

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Genetic Resources Access and Benefit-Sharing: Revisiting KWS-Novozymes Deal for Endorois, Baringo County

minority rights group p1040091

In our previous blogpost here, we discussed an agreement between Kenya Wildlife Service (KWS) and global biotech firm Novozymes A/S entered into in May 2007 entitling Denmark-based Novozymes to access and exploit for commercial purposes genetic resources, enzymes and micro-organisms within national parks, national reserves and other protected areas within Kenya.

In a recent media report, Chief Administrative Secretary in the Ministry of Environment William Kiprono has urged the Baringo County government to ‘demand full disclosure of all the money from the royalties deal.’ Kiprono reportedly said that the micro-organisms collected from Lake Bogoria ‘should have been of great benefit to the community’ and that ‘the county government should revisit to see if the amount paid to the community living around the lake is commensurate with the billions of shillings the bio-tech industries are getting from the enzymes.’

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#ipkenya Weekly Dozen: 14/05

AfCFTA African Continental Free Trade Area Kenya Ghana Ratify may 2018 African Union

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

Have a great week!

Anti-Counterfeit Agency Defends Flawed Proposals on Mandatory Intellectual Property Rights ‘Recordation’

ACA Kenya Tweet

Yesterday the Anti-Counterfeit Agency (ACA) posted this response in the comments section of our blogpost last week titled: ‘Controversial 2018 Proposed Amendments to The Anti-Counterfeit Act’. In the face of widespread criticism from intellectual property (IP) experts, ACA has defended its proposed amendments to the Anti-Counterfeit Act which, if enacted, would effectively introduce a system for mandatory ‘recordation’ of trade marks, copyright and plant breeders rights to be administered by ACA.

Prior to writing that blogpost, this blogger had reached out to ACA for an official comment asking the following question: ‘What is your response to public concerns about the implications of the draft amendments to your Act on 1) the mandates of Kenya Industrial Property Institute (KIPI) and Kenya Copyright Board (KECOBO); 2) ease of doing business in Kenya generally; 3) international best practice?’ All the various responses from ACA will be considered in this blogpost.

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