Kenya Copyright Board Bruised in IP Fight over ‘My Skool’ TV Show

MY SKOOL TV SHOW copyright registration KECOBO Kenya

Presently the Copyright Register (pictured above) shows that the same audiovisual work called “MY SKOOL TV SHOW” has two separate owners who registered it almost a year apart. In a recent High Court judgment in the case of Republic v Executive Director, Kenya Copyright Board & another Ex-Parte Sugarcane Communications Ltd [2018] eKLR, the court quashed a decision by Kenya Copyright Board (KECOBO) to cancel the copyright registration of “MY SKOOL TV SHOW” by the ex parte Applicant (Sugarcane Communications Limited). This judgment is perhaps a wake-up call for KECOBO which, unlike the Registrar of Trade Marks at Kenya Industrial Property Institute (KIPI), is not accustomed to having its decisions regarding registration of intellectual property (IP) rights challenged by courts of law.

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Anti-Counterfeit Agency Insults Intelligence of Stakeholders at ‘Consultative Forum’ on Proposed IP Law

Anti-Counterfeit Agency Stakeholders Consultative Forum COFEK Invitation 2018 June

Seriously, if you’re a stakeholder of Anti-Counterfeit Agency (ACA), you should be very concerned about some of the dangerous signs that were on full display during the ACA ‘Stakeholders Consultative Forum on the Proposed Amendments of the Anti-Counterfeit Act, 2018: Towards Improving Service Delivery of the Big 4 Agenda’ held on 13 June 2018 at Boma Inn Hotel, Nairobi. These proposed legislative changes have been previously discussed on this blog here, here, here and here.

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Legal Fraternity Slams ACA on Proposed Amendments to Anti-Counterfeit Act

ACA Anti-Counterfeit Agency Kenya LOGO

In a recent article in the Business Daily titled: ‘Proposed law on counterfeits will hurt businesses’, the foremost intellectual property (IP) law practitioner in the country, William Maema, has faulted Anti-Counterfeit Agency (ACA) on its proposed amendments to Anti-Counterfeit Act previously discussed on this blog here, here and here. In his hard-hitting article, Maema notes:

‘Apart from the vainglorious step of christening the Anti-Counterfeit Agency (ACA) by renaming it the Anti-Counterfeit Authority ostensibly to raise its profile to that of premier parastatals such as the Kenya Revenue Authority, Kenya Airports Authority and Communications Authority of Kenya, the new proposals achieve little else that is praiseworthy. ‘

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Time to Rethink Kenya Copyright Board?

KECOBO MAN

Question: What do the proposed amendments to the Copyright Act in 2017 and 2018 both have in common? Here’s a hint, it has to do with Kenya Copyright Board (KECOBO). In 2017, the Copyright Amendment Bill proposed changes to the functions of the Board, composition of the Board and qualifications of the Executive Director whereas the recently tabled 2018 Bill proposes specific changes to KECOBO Board Membership. Arising from these two sets of proposals less than a year apart, there appears to be a growing call for the repeal or overhaul of the Copyright Act with specific concerns being raised about KECOBO’s Board structure, functions and role within the copyright and related rights system.

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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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#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!