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.
The word ‘Disconnect’ (see caption image above) may be the title of the latest Kenyan blockbuster film but it also embodies the current raging debate over proposed changes to The Anti-Counterfeit Act No. 13 of 2008. In our previous blogposts here and here, we have largely dwelt on the demerits of the proposals contained in the Statute Law (Miscellaneous Amendments) Bill 2018, which if enacted, would radically affect intellectual property (IP) enforcement in Kenya, principally undertaken by Anti-Counterfeit Agency (ACA).
Meanwhile, some readers of this blog, who happen to be IP practitioners specialising in brand enforcement and anti-counterfeiting matters, have rightly pointed out that it is equally important to consider the merits of and benefits expected from the proposed changes to the Act if and when the omnibus Bill is enacted. In particular, this blogpost will focus on the proposals relating to offences and the ‘recordation’ requirements.
In our previous blogpost here, we discussed an agreement between Kenya Wildlife Service (KWS) and global biotech firm Novozymes A/S entered into in May 2007 entitling Denmark-based Novozymes to access and exploit for commercial purposes genetic resources, enzymes and micro-organisms within national parks, national reserves and other protected areas within Kenya.
In a recent media report, Chief Administrative Secretary in the Ministry of Environment William Kiprono has urged the Baringo County government to ‘demand full disclosure of all the money from the royalties deal.’ Kiprono reportedly said that the micro-organisms collected from Lake Bogoria ‘should have been of great benefit to the community’ and that ‘the county government should revisit to see if the amount paid to the community living around the lake is commensurate with the billions of shillings the bio-tech industries are getting from the enzymes.’
In a recent media report titled: “Maasai elders swap Kenya for Holborn Viaduct”, the global law firm Hogan Lovells has reportedly invited Maasai elders to the United Kingdom (UK) as part of its intellectual property (IP) pro bono work. As the report explains:
The firm has been doing intellectual property (IP) pro bono work, led by partner Sahira Khwaja, to try to secure a trademark for the tribe after the recognisable Maasai image has been used repeatedly used in advertising campaigns without any of the spoils making their way back to the tribe itself.
Lovells is working with Elders from the Maasai of Kenya and Tanzania through charity Light Years IP, which helps developing country producers win ownership of their intellectual property – should they choose to.
Light Years IP is a non-profit organization dedicated to alleviating poverty by assisting developing country producers gain ownership of their intellectual property and to use the IP to increase their export income and improve the security of that income. The Maasai Intellectual Property Initiative (MIPI) was founded by Light Years IP who designed a 7 point plan and IP strategies for the Maasai to achieve control over their iconic brand.
According to Light Years IP CEO, Ron Layton:
…the Maasai people have not yet decided on trademark ownership or appointment of Hogan Lovells to carry out trademark work. The Maasai elders are visiting London to obtain information to assist their community make such decisions. Above all, Light Years IP seeks for respect to be shown to the Maasai. Hogan Lovells are assisting Light Years IP in a range of work.
First off, this blogger is ashamed that Kenya’s leading IP firms would rather religiously ‘network’ at International Trademark Association (INTA) Annual Meetings than take up worthy pro-bono IP matters such as MIPI.
Read the rest of this article on the CIPIT Law Blog here.