“M1L3L3” is “MILELE”, a Swahili word which means “Forever”
- Call for Articles – African Journal of Intellectual Property [Deadline Next Month]
- Respect for IP – Growing from the Tip of Africa: International Conference [Registration Open]
- Video: Using blockchain to prevent counterfeit drugs in Kenya [IBM Research]
- The African music industry is gaining global interest [Axios]
- Encourage imitation to boost creativity in Kenya [Captain Obvious]
- Why India’s IP policy needs a South African tweak [The Hindu]
- Adeokin v. MCSN: No CMO licence required for an exclusive licensee of copyright to enforce its licence [The 1709 Blog]
- In Case You Missed It: Kenya Patent Office is Publishing List of Expired KE Patents [Big 4 Agenda]
- South Africa: Department of Trade and Industry Film Incentive [DTI]
- The New Face of Creative Commons in Kenya [Shameless Plug]
- South Africa: IP Management and the Commercialization of Publicly Funded Research Outcomes [WIPO]
- Kenya: Request for Comments on the Proposed Privacy and Data Protection Policy and Bill, 2018 [Deadline Next Month]
For more news stories and developments, please check out #ipkenya on twitter and feel free to share any other IP/ICT-related items that you may come across.
Have a great week-end!
Last month, the President signed Executive Order No. 1 of 2018 on the Organisation of Government which, inter alia, assigned functions and institutions among Ministries and State Departments. One interesting new change in the structure of the Government is that Kenya Film Classification Board (KFCB) and Kenya Film Commission (KFC) are now listed under the State Department for Broadcasting and Telecommunications in the ICT Ministry. In addition the Ministry’s functions now includes overall responsibility for policies on film development in Kenya and the development of the country’s film industry.
This may all seem like a mundane bureaucratic detail but in reality it may well represent a fundamental shift in Kenya’s approach to the development of the creative economy and the important contribution of the film industry. But like every good story, there is a plot twist: the only thing that KFCB and KFC seem to agree on is that they are better off separate than together. Lately, the two lead film agencies have been at loggerheads (see video clips here and here) over how best the film industry should be regulated for the development of this vital pillar of the creative and cultural industries.
Since 2014, we have chronicled on this blog here, here and here an interesting trade mark dispute in Kenya between local company Sony Holdings and Japanese electronics maker Sony Corporation. This blogger is reliably informed that an appeal has already been filed in the Court of Appeal against last month’s decision of the High Court in the reported case of Sony Corporation v Sony Holding Limited  eKLR. In order to discern the likely grounds of appeal, it is important to consider this recent judgment made by the High Court.
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!
This week, African Regional Intellectual Property Organization (ARIPO) hosted the WIPO African Sub-regional Workshop on New Perspectives on Copyright organized by the World Intellectual Property Organization (WIPO) from 20 – 21 July 2015.
The Workshop drew Heads of Copyright Offices in the ARIPO Member States and some Observer States who took part in this crucial Workshop aimed at discussing the management of Copyright and Related Rights in the face of new challenges emanating from new digital technologies. Also in attendance were copyright officials from Jamaica and Trinidad and Tobago who shared their experiences with their African colleagues.
What follows is a summary of the presentations made by the various participants at the Workshop.
This blogger has come across a recent judgment from Uganda’s Commercial Court in the case of Tuskys (U) Ltd v. Tusker Mattresses (U) Ltd  UGCOMMC 91. In this case, TUSKYS, a Ugandan Company dealing in arts and crafts, sued Tusker Mattresses, a subsidiary of Tusker Mattresses (K) Ltd over infringement of the trademark “TUSKYS”. Tuskys asked the court for damages, costs and interest from Tusker Mattresses for denying it the exclusive use of its trademark. Tuskys also prayed court for an injunction “stopping Tusker Mattresses from using the trademark” which according to the company’s Managing Director was registered in Class 18 for crafts and arts in 2008.
The following facts were agreed upon by both parties:
1. Tuskys is the registered proprietor of “TUSKYS” trademark in Uganda in respect of goods in class 18 (arts and crafts).
2. Tusker is the registered proprietor of the “Time to Go, Tuskys, Your Friendly Supermarket” trademark in Uganda in respect of goods in class 16 and is involved in the business of running supermarket retail chain under their registered trademark.
3. Tusker duly complied with the orders of Hon. Justice Hellen Obura and accordingly rebranded all its shop and items to reflect their registered trademark.
4. Tuskys avers that Tusker’s use of the word Tuskys mark in conduct of their business is an infringement of their trademark for which its reputation and trade pattern has been greatly injured.
As many readers may recall, the Member States of the African Regional Intellectual Property Organization (ARIPO) adopted the Swakopmund Protocol on the protection of traditional knowledge and expressions of folklore on August 9, 2010 at Swakopmund in the Republic of Namibia. Section 27 of the Protocol provides that it shall come into force three (3) months after six (6) states have deposited their instruments of ratification or accession with the Government of the Republic of Zimbabwe.
Since the adoption of the Protocol, the following five (5) states have deposited their instruments of ratification or accession: Botswana, Zimbabwe, The Gambia, Rwanda and Malawi. The sixth and final ratification was deposited (fittingly one might add) by Namibia on February 11, 2015. Therefore, the Swakopmund Protocol shall enter into force on May 11, 2015.