- Kenya Guns for Top ICT Positions in Africa and Globally [Official]
- Strengthening Africa’s audiovisual sector: market intelligence is critical [WIPO Magazine]
- Technology transfer to transform agricultural production in Africa [African Development Bank]
- A decision-making tool for countries to implement the Multilateral System of Access and Benefit Sharing [Biodiversity International]
- ‘My President is a Pair of Buttocks’: the limits of online freedom of expression in Uganda [Oxford]
- Parallel imports remain a grey area for IP rights in East Africa [Captain Obvious]
- Trademark Infringement in Nigeria: What is ‘Use in the Course of Trade’? [Afro-IP]
- In case you missed it: You can now register copyright online in Kenya [KECOBO]
- Industrial Property Act Comes Into Effect [Namibia Economist]
- Scotch Whisky Association awarded a certification trademark in South Africa [the drinks business]
- Ethiopia becoming an industrial powerhouse and future ‘Wakanda’ [Asia Times]
- 10% of WIPO’s workforce comes from Africa [2018 Report]
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!
In the recent High Court case of ABSA Kenya Limited v Barclays Bank of Kenya  eKLR, a Kenyan company has failed to temporarily halt the proposed name change of Barclays Bank to Absa. ABSA Kenya claimed that it had received cancellation of lucrative transactions due to confusion created by the planned rebranding by Barclays Bank. However the learned judge in this case dismissed the plaintiff’s application for interim injunction to ‘restrain Barclays from using, representing, infringing, advertising or in any manner whatever the trade mark and the name ABSA or its derivatives, deductives, corollaries devices and/or anxilliaries in Kenya or in any other place or at all.’
Maurice Okoth, former MCSK CEO (left) with his lawyer at the High Court for the delivery of the judgment.
Recently, the High Court delivered its judgment in the case of Republic v. The Director of Public Prosecutions and 4 Others Ex Parte Shamilla Kiptoo and 2 Others HCMA 510 of 2015 (Consolidated) in which the court granted the orders of certiorari and prohibition sought by the Applicants namely Maurice Okoth, Music Copyright Society of Kenya (MCSK) former Chief Executive Officer (CEO), James Maweu Mutisya, former MCSK Board Director, Lillian Njoki Thuo, MCSK Management Accountant, Peter Kisala Enyenze, MCSK Regional Manager and Shamilla Kiptoo, Nasratech Limited Managing Director (and Okoth’s wife).
The order of Certiorari granted by the court quashes the decision, declaration and directive of the Director of Public Prosecutions (DPP), Directorate of Criminal Investigations (CID), Inspector General of Police (IG), Chief Magistrate’s Court and the Attorney General (collectively referred to as the Respondents) to prefer criminal charges against the Applicants based on the facts contained in the Charge Sheet dated 18th November 2015 in Criminal Case No. 1904 of 2015 – Republic v. Dan Maurice Mwande Okoth & 6 others. The order of Prohibition granted by the court directed to the Respondents prohibits the prosecution of the Applicants based on the facts contained in the Charge Sheet dated 18th November 2015 in Criminal Case No. 1904 of 2015 – Republic versus Dan Maurice Mwande Okoth & 6 others. Finally, the court ordered the costs of the application to be borne by the DPP, CID and IG.
This blogger has recently come across an astute ruling by the High Court in the case of Music Copyright Society of Kenya v Chief Magistrate’s Court & Inspector General of Police  eKLR. Justice L. Kimaru sitting in the High Court was approached by the authors’ collecting society, Music Copyright Society of Kenya (MCSK) to stay orders issued by the Magistrate’s Court freezing all the bank accounts of MCSK following a request by the Serious Crimes Unit under the Directorate of Criminal Investigations (DCI). DCI requested that MCSK’s accounts be frozen as it investigates complaints made by MCSK members in regard to alleged misappropriation and theft of funds at the collecting society.
After carefully evaluating the facts before him, Kimaru J ruled that the investigations were lawful and based on several complaints received by DCI from MCSK members and that the orders to freeze MCSK’s accounts were within the precincts of the law.
The Copyright Act provides copyright protection for literary, musical and artistic works, audio-visual works, sound recordings and broadcasts. It establishes the Kenya Copyright Board. The Board’s main functions include, directing, co-ordinate and overseeing the implementation of laws and international treaties and conventions to which Kenya is a party and which relate to copyright and other rights recognised by this Act and ensure the observance thereof.
The steps for registration of copyright are as follows:
Step 1: Collect the registration forms from the Kenya Copyright Board offices (also available online here)
Step 2: Fill in the relevant details
NB: Any such person purporting to register a work as an authorised agent, s/he is required to produce an authority letter authorising him/her to act as such agent and a copy of his/her National ID
Step 3: Have the forms commissioned by a Commissioner for Oaths.
Step 4: Attach two ORIGINAL copies of the work.
Step 5: Deposit the prescribed registration fee in the bank account of the Kenya Copyright Board below:-
Bank name: Kenya Commercial Bank
Account name: Kenya Copyright Board
Account number: 1104002450
Branch: Kipande House
Step 6: Present the Bank Deposit Slip at the KECOBO reception, where a reciept of registration will be issued.
Step 7: The ORIGINAL “Certificate of Registration” will be issued within 5-7 days** from the date of registration
** these 5-7 days allow for a rigorous process of verification of the copyright works offered for registration and it is done by KECOBO’s Legal Department.