Intellectual Property Rights Protection and Brasil 2014 World Cup Fever in Kenya

FIFA WORLD CUP BRASIL 2014

In fourteen days time, the Brazil 2014™ FIFA World Cup™ (WC) kicks off in the South American nation of Brazil! As many readers may know, the WC is a Fédération Internationale de Football Association (FIFA) event embodied in the FIFA Statutes. As one of the largest single sports events and most-watched competitions on earth, the WC enjoys phenomenal interest from sports fans and the business world alike. From an intellectual property (IP) perspective, FIFA has developed and protected an assortment of logos, words, titles, symbols and other trade marks to be used in relation to the 2014 FIFA World Cup™ (the Official Marks). In order to attract funding to stage such a large event, FIFA offers its partners, sponsors and supporters the exclusive rights to use of the Official Marks for promotional and advertising purposes. The full picture of WC partners, sponsors and national supporters is available below:

FIFA WORLD CUP BRASIL 2014 PARTNERS SPONSORS SUPPORTERS

Therefore, according to FIFA, the protection of the exclusive rights is crucial for the funding for the 2014 FIFA World Cup Brazil™ and therefore non-affiliated entities are asked to respect FIFA’s intellectual property (IP) and conduct their activities without commercially associating with the 2014 FIFA World Cup™

Read the full article here.

#ipkenya Weekly Recap of Intellectual Property News from Around Africa

This week, IPKenya focused on South Africa’s recently released Copyright Review Commission Report and shed light on some of the emerging issues surrounding copyright administration of collecting societies both in the South and in Kenya. The post is available here.

Here are some of the other important IP-related stories IPKenya came across this past week:

– “Should Colour be Registrable as a Trade Mark in Kenya?” [Strathmore CIPIT Blog]

– Kenya: local artiste DNA sues bank for copyright infringement and passing-off [The Standard]

– “South African photographer – images tell a story, but who owns the copyright?” [Adams & Adams]

– Zambia: Patent and Companies Registration Agency (PACRA) Reviewing Intellectual Property Laws [The Times]

– Kenya: “State warned on ditching copyrighted software” [The Standard]

– Nigeria: Intellectual property rights to get federal government protection [The Business Day]

– “Medals, Models & Moguls” – IP Rights and Fashion Roundup [Stellenbosch Chair of IP]

– Kenya: “Why companies need intellectual property policies” [The Business Daily]

– South Africa: Rev. Abe Sibiya appointed new chairman of SAMRO [SAMRO]

– Africa’s largest collecting society changing from company limited by guarantee to a cooperative? [YouTube]

– “The GAP Widens…” – Ownership and use of the GAP trade mark in South Africa [Spoor & Fisher]

– “Kenya’s M-PESA technology & emerging intellectual property issues” [Cayman Financial Review]

– South Africa: “Patently Wrong – The jury’s verdict in Apple v Samsung” [Stellenbosch IP Chair]

– “Climate change and adaptation in Africa: evidence from patent data” [TradeMark Southern Africa]

– Kenya: Safaricom seeks out-of-court deal in copyright dispute. [The Business Daily]

– South Africa: “CRC Report 2011: DALRO licensing agreements” [Copyright & Education]

Finally, for all IP enthusiasts in Kenya, please note that there’s an upcoming IP Check-in Session on 13th October 2012 at Strathmore University. The discussion topic will be “Cultural Expressions and Traditional Knowledge: Protection Mechanisms, Modalities of Management and Commercialisation, for Community Benefit”
IPKenya urges you all to mark this date on your calendars, come prepared to brainstorm and share ideas on how we should develop this potentially fourth branch of IP in Kenya.

Blast from the Past: Nairobi Treaty on the Protection of the Olympic Symbol

The Olympics are finally here!

IPKenya reckons now is as good a time as any to remind everyone that Nairobi once hosted an important international conference on 26 September 1981 which culminated in the adoption of the Nairobi Treaty on the Protection of the Olympic Symbol. The Nairobi Treaty entered into force in September 25, 1982.

A full copy of the Nairobi Treaty text is available here.

As one of the most recognisable logos in the world, all States which are party to the Nairobi Treaty are under the obligation to protect the Olympic symbol against use for commercial purposes without the authorization of the International Olympic Committee. The Olympic symbol consists of five interlaced rings: blue, yellow, black, green and red, arranged in that order from left to right. It consists of the Olympic rings alone, whether delineated in a single color or in different colors.

Any State member of WIPO, United Nations or the International Union (Paris Union) for the Protection of Industrial Property may become party to this Treaty.

The Treaty provides that all State parties must refuse or invalidate the registration as a mark and to prohibit by appropriate measures the use, as a mark or other sign, for commercial purposes, of any sign consisting of or containing the Olympic symbol, as defined in the Charter of the International Olympic Committee, except with the authorization of the International Olympic Committee.

An important effect of the Nairobi Treaty is that, if the International Olympic Committee grants authorization for the use of the Olympic symbol in a State party to the Treaty, the National Olympic Committee of that State is entitled to a part in any revenue the International Olympic Committee obtains for granting the said authorizations.

With that said, IPKenya would like wish all the olympians well, particularly those representing Africa’s 53 countries.

Let the Games of the XXX Olympiad begin!