The inaugural meeting of the Creative Commons (CC) Kenya Chapter was held on 25 July 2018. This meeting marked the transition of the CC community in Kenya into a CC Country Chapter. A key agenda item was the election of several officials to manage the affairs of the CC Kenya Chapter. As readers of this blog may know, the Creative Commons community in Kenya was previously organised using an ‘Affiliate’ model with two Leads, a Public Lead (based at CIPIT – Strathmore University) and a Legal Lead (based Kenya Law i.e. National Council for Law Reporting).
Under the new structure, the Creative Commons Global Network (CCGN) co-ordinates and provides leadership in the global CC movement. The Global Network Council (GNC) is the governing and decision-making body of the CCGN. It consists of elected representatives of all CC Country Chapters and representatives from CC HQ. CC Chapters serve as the central coordinators of the work of the individuals and institutions participating within a country in support of the CCGN. As such, all those interested in becoming members of CC must register here either as Network Members or Network Partners (for Institutions) and belong to a Country Chapter.
In what could be a precedent-setting case for the roofing products market, a leading iron sheet manufacturer is claiming both trade mark and industrial design protection for two of its roofing brands against a smaller rival company. The recently reported ruling in Royal Mabati Factory Limited v Imarisha Mabati Limited  eKLR was the courts’ first attempt to deal with industrial property protection for corrugated iron sheets widely used as roofing material known in Kiswahili as ‘mabati’. Although not clearly distinguishing between the aspects of industrial design and trade mark protection, the court was prepared to rule in favour of Royal and grant its application for a temporary injunction against Imarisha.
‘Fire in the Sky’ (pictured above) is a stunning photograph of Nairobi’s skyline lit up against the backdrop of New Years’ fireworks. In April 2018, this work by Reinhard Mue aka Rey Matata was unlawfully copied and used by Law Society of Kenya (LSK). In June 2018, Reinhard wrote to LSK complaining about infringement of the rights to his copyright work and threatened to take legal action. To-date, LSK and its elected leaders have failed to respond to Reinhard at all, either formally or otherwise. As a member of LSK, this blogger is disappointed that the LSK leadership has allowed such a straight-forward matter to become a public spectacle.
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.