#ipkenya Weekly Dozen: 27/07

CISAC AFRICA COMMITTEE REGION 2018 DjGrq71XsAA8DYh

  • Improving creators’ royalty collections in Africa: CMOs gather in Abidjan for CISAC’s Africa Committee [Official]
  • Figures of the week: Africa’s energy innovation landscape [Brookings]
  • 5th Global Congress on IP and the Public Interest, Sept 27-29 Washington DC [Register Now]
  • Nigeria announces national airline, didn’t register domain names [iAfrikan]
  • South Africa’s Proposed Copyright Fair Use Right Should Be A Model For The World [InfoJustice]
  • Kenya: MCSK asks MPAKE to stop collecting royalties [Pot Calling Kettle]
  • Africa Has an ‘Uber’ Opportunity to Disrupt Farming Technology [AGRA]
  • Poor e-commerce policies slow the uptake in Africa [The Star]
  • How broke public universities can change fortunes [Captain Obvious]
  • Does the fourth industrial revolution call for a sui generis form of IP protection? [A+ Bunch of Lawyers]
  • Comesa to set up team on digital free trade area [East African]
  • Time for a Sui Generis Technology Importation Right? [Afro-IP]

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!

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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!

ARIPO Copyright Office Publishes Survey Findings on Status of African Collective Management Organizations

aripo member states map africa intellectual property regional organization copyright CMO survey

On the eve of its 40th anniversary, the Harare-based African Regional Intellectual Property Organization (ARIPO) has recently published the findings of a survey on collective management organisations (CMOs) conducted among its member states. A copy of the survey is available here. In the foreword, ARIPO Director General Mr. Fernando Dos Santos explains that:

“The findings [of the survey] indicate that CMOs in the ARIPO Member States are growing in numbers. It was also found that there is growth in collections of royalties and distributions. However, CMOs are also facing challenges which include insufficient or lack of awareness of copyright laws by users and the general public, users’ unwillingness to pay royalties, piracy of the copyrighted works, inadequate resources and manpower within the CMOs and inadequate availability of technologies that can be used by the CMOs.”

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High Court Judgment on Constitutionality of Equitable Remuneration Right and Copyright Collective Management

skiza safaricom caller ringback tone service copyright license collective management society

 

Previously we reported here that two content service providers and three individual copyright owners had filed a constitutional petition at the High Court challenging the content of the equitable remuneration right in section 30A of the Copyright Act, the application and implementation of section 30A by the collective management organisations (CMOs) and the manner of licensing and supervision of the CMOs by Kenya Copyright Board (KECOBO).

Recently in the case of Petition No. 317 of 2015 Xpedia Management Limited & 4 Ors v. The Attorney General & 4 Ors Lady Justice Mumbi Ngugi (known to many readers for her landmark decision on anti-counterfeit law and access to medicines here) delivered a judgment at the High Court dismissing claims by content service providers and the copyright owners that the contents and implementation of section 30A are unconstitutional.

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Blind Opposition to Caller Ringtone Deal between Safaricom and Collecting Societies: High Court Case of Irene Mutisya & Anor v. MCSK & Anor

Robert Collymore CEO Safaricom

This blogger has recently come across Nairobi High Court Civil Case No. 262 of 2015 Irene Mutisya & Anor v. Music Copyright Society of Kenya & Anor. In this case Mutisya and another copyright owner Masivo have filed suit against Music Copyright Society of Kenya (MCSK) and mobile network operator Safaricom Limited for copyright infringement. The copyright owners filed an urgent application on 30th July 2015 for a temporary injunction to restrain Safaricom from remitting license fees to MCSK pursuant to a recently concluded license agreement for caller ring-back tones (CRBT) made available through Safaricom’s Skiza platform. The copyright owners also asked the court to restrain both Safaricom and MCSK from implementing the CRBT License Agreement pending the hearing of the application.

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Legality of Equitable Remuneration Challenged: High Court Petition of Xpedia & 4 Ors v. Attorney General & 4 Ors

equitable remuneration

Editor’s Note: On 31st July 2015, the urgent application in this Petition No.317 of 2015 dated 29th July 2015 was heard and certain interim orders were granted. A copy of the orders is available here.

This blogger has confirmed a recent media report that two content service providers and three copyright owners have jointly filed a petition challenging the constitutionality of the right to equitable remuneration under the now infamous section 30A of the Copyright Act. The Petition was filed against the Attorney General, Kenya Copyright Board (KECOBO), Kenya Association of Music Producers (KAMP), Performers Rights Society of Kenya (PRiSK) and Music Copyright Society of Kenya (MCSK).

As stated above, the crux of the Petition filed by Xpedia Management Limited, Liberty Afrika Technologies Limited, Elijah Mira, Francis Jumba and Carolyne Ndiba is that KAMP, PRiSK and MCSK should be stopped by the court from receiving or collecting royalties under section 30A of the Copyright Act in respect of works owned or claimed by the Petitioners.

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