Anti-Counterfeit Agency Insults Intelligence of Stakeholders at ‘Consultative Forum’ on Proposed IP Law

Anti-Counterfeit Agency Stakeholders Consultative Forum COFEK Invitation 2018 June

Seriously, if you’re a stakeholder of Anti-Counterfeit Agency (ACA), you should be very concerned about some of the dangerous signs that were on full display during the ACA ‘Stakeholders Consultative Forum on the Proposed Amendments of the Anti-Counterfeit Act, 2018: Towards Improving Service Delivery of the Big 4 Agenda’ held on 13 June 2018 at Boma Inn Hotel, Nairobi. These proposed legislative changes have been previously discussed on this blog here, here, here and here.

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New Draft Kenya Trade Marks Bill and Trade Mark Rules Published for Public Comment

kenya industrial property institute kipi website notice on drafting instructions for the trade marks act and trade mark rules

In March 2015, Kenya Industrial Property Institute (KIPI) announced that it had prepared Drafting Instructions to overhaul the Trade Marks Act. These Drafting Instructions, which were published for public comment on KIPI’s website, were to be forwarded to the Attorney General’s Office for the necessary action.

This month, KIPI has published the revised Drafting Instructions repealing the Trade Marks Act along  with Drafting Instructions to repeal the Trade Mark Rules. According to KIPI, both these drafts will be forwarded to the Attorney General’s Office for drafting. In the meantime, KIPI requests for any public comments on the drafts to be sent to KIPI via email at info@kipi.go.ke on or before 30th April 2016.

Copies of the revised drafting instructions to amend the Trade Marks Act and Trade Mark Rules are here and here respectively.

Kenyans Pay Three Times More Than South Africans to Use Sound Recordings: Lessons from Appeal Court Judgment in SAMPRA v. Foschini Retail Group & 9 Ors

retail-photo-1

Recently, Kenya Copyright Board (KECOBO) published on its website here the proposed 2016 collecting society joint tariffs for musical works, sound recordings and audio-visual works. A copy of these joint tariffs is available here. In order to ensure public participation before the approval of these tariffs, KECOBO will convene an open half-day public forum to be held next week on February 10th 2016 at the Auditorium of NHIF Building starting at 8:30am.

This blogpost will focus on the tariffs for sound recordings since they have recently been the subject of thorough debate and analysis in South Africa’s Supreme Court of Appeal. It is hoped that the South African experience will be useful to Kenyan users in their negotiations with collecting societies on reasonable tariffs to pay for use of copyright works.

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Proposed Copyright Act Amendments on Liability of Internet Service Providers

kecobo kenya copyright board

In an earlier post here, this blogger discussed a set of draft amendments published by Kenya Copyright Board (KECOBO) for public comments on the subject of internet service providers (ISPs) and web blocking measures in cases of online copyright infringements in Kenya. Subsequently this blogger discussed here several comments submitted to KECOBO on the draft ISP provisions.

This week, KECOBO has published a revised set of draft amendments on ISP liability available here. KECOBO is once again requesting the public to give comments on these ISP provisions through the email account: publicforum@copyright.go.ke. In this regard, KECOBO has confirmed that it shall convene a consultative public forum on February 11th 2016 at the Auditorium of NHIF Building starting at 8:00am.

This blogpost is a commentary of the key changes in the revised draft ISP provisions from KECOBO.

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