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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#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!

#ipkenya Weekly Dozen: 15/06

Matthew Inman Oatmeal World Cup 2018 DfmH7qZVMAAkmZe

World Cup 2018 starts this week!

  • ARIPO holds the Second Symposium on Copyright and Related Rights [Official]
  • Tete Goat – First Geographical Indication of Mozambique [Inventa]
  • Namibia introduces new Industrial Property Act [A+ Bunch of Lawyers]
  • Competition Authority confirms Egypt’s right to air 22 World Cup games [Egypt Today]
  • Should Africa let Silicon Valley in? [The Guardian]
  • Kenya to publish draft data protection bill this month [Reuters]
  • Rethinking Uganda’s State Brand Strategy Using Intangible Assets [Amani IP Network]
  • Restriction on Parallel Imports Gets Red-Lighted By Competition Authority of Kenya [BD Africa]
  • Stolen melodies: Copyright law in Africa [Deutsche Welle]
  • Rwanda: Experts call for autonomous Intellectual Property office [The New Times]
  • Kenya: Sharing books online kills creativity, it’s outright theft [One-sided coin]
  • Anti-Counterfeit Agency Insults Intelligence of Stakeholders at ‘Consultative Forum’ on Proposed IP Law [Shameless Plug]

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!

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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#ipkenya Weekly Dozen: 01/06

Nigeria World Cup Nike Kit Sold Out 2018

  • Nigeria’s World Cup kit sells out in 15 minutes [BBC]
  • Rwanda’s £30m Arsenal sponsorship divides opinion [The Guardian]
  • Uganda imposes tax on social media use [Reuters]
  • Cameroon: 3rd Meeting of the ARIPO-OAPI Joint Commission on Intellectual Property [In French]
  • Tanzania: AY and Mwana FA awarded Sh96 million against telco giant [SDE]
  • Court rules SONY is not a well-known brand in Kenya [Business Daily]
  • Music Copyright Society of Kenya Now Banned from Collecting Music Royalties [Captain Obvious]
  • New South African IP Policy Text Now Available [Official]
  • Some concerns on advertisements in Ethiopia [The Herald]
  • Running the gauntlet: making wise patenting decisions [Dennemeyer IP Blog]
  • MaXhosa v Zara [Stellenbosch IP Chair]
  • Winners of the 2017 ATRIP Essay Competition Announced [ATRIP]

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!

#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!

 

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

2018 Proposed Amendment to The Protection of Traditional Knowledge and Cultural Expressions Act

TK and TCE Act Kenya Amendment Bill 2018

The Statute Law (Miscellaneous Amendments) Bill, 2018 seeks to make various, wide-ranging amendments to the existing intellectual property (IP) law-related statutes. The Bill contains proposed amendments to the following pieces of legislation: The Industrial Property Act, 2001 (No. 3 of 2001), The Copyright Act, 2001 (No. 12 of 2001), The Anti-Counterfeit Act, 2008 (No. 13 of 2008) and The Protection of Traditional Knowledge and Cultural Expressions Act, 2016 (No. 33 of 2016). The Memorandum of Objects and Reasons for the Bill is signed by Hon. Aden Duale, Leader of Majority in the National Assembly and it is dated 29 March 2018. This blogpost will focus on the proposed changes proposed to The Protection of Traditional Knowledge and Cultural Expressions (TKCE) Act.

In our previous commentary on the TKCE Act (see here), we raised concerns about the lack of an implementation and enforcement framework thus terming the Act as an ‘orphan’ with no clear parent Ministry. Two years later, the 2018 Bill now proposes to amend section 2 of the TKCE to state that ‘the Cabinet Secretary for the time being responsible for matters relating to culture’ shall oversee the implementation and enforcement of the TKCE Act.

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2018 Proposed Amendments to The Industrial Property Act

2018 Amendments to Industrial Property Act Kenya KIPI

The Statute Law (Miscellaneous Amendments) Bill, 2018 seeks to make various, wide-ranging amendments to the existing intellectual property (IP) law-related statutes. The Bill contains proposed amendments to the following pieces of legislation: The Industrial Property Act, 2001 (No. 3 of 2001), The Copyright Act, 2001 (No. 12 of 2001), The Anti-Counterfeit Act, 2008 (No. 13 of 2008) and The Protection of Traditional Knowledge and Cultural Expressions Act, 2016 (No. 33 of 2016). The Memorandum of Objects and Reasons for the Bill is signed by Hon. Aden Duale, Leader of Majority in the National Assembly and it is dated 29 March 2018. This blogpost will focus on the proposed changes to The Industrial Property Act (IPA).

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2018 Proposed Amendment to The Copyright Act

2018 Amendments to Copyright Act Kenya KECOBO Bill

The Statute Law (Miscellaneous Amendments) Bill, 2018 seeks to make various, wide-ranging amendments to existing intellectual property (IP) law-related statutes. The Bill contains proposed amendments to the following pieces of legislation: The Industrial Property Act, 2001 (No. 3 of 2001), The Copyright Act, 2001 (No. 12 of 2001), The Anti-Counterfeit Act, 2008 (No. 13 of 2008) and The Protection of Traditional Knowledge and Cultural Expressions Act, 2016 (No. 33 of 2016). The Memorandum of Objects and Reasons for the Bill is signed by Hon. Aden Duale, Leader of Majority in the National Assembly and it is dated 29 March 2018. This blogpost will focus on the changes proposed to The Copyright Act.

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