#ipkenya Weekly Review (25th May – 1st June, 2014)

RIP Maya...

RIP Maya…

Since our last weekly review here, we have published three new articles, namely the revoked ARIPO patent no. 773 granted to Sanitam, FIFA’s trade mark rights on the eve of the World Cup and Safepak’s track record with industrial design protection. As always, your comments and questions are more than welcome!

Here are some of the other IP developments from the past week:

– Data-mining Kenyan Patents [AfroIP]

– South Africa: Owning IP rights ‘can help save fees’ [BD Live]

– Nigeria: So, some guy went and trademarked “Nollywood”…by Rotimi Fawole | TextTheLaw [NIPLaw]

– South Africa: Copyright in an academic library context: Part 1 [openUCT]

– Angola: Parliament Passes Law On Copyright and Related Rights [AngolaPress]

– Nigeria: COSON and Nigerian Broadcasters Sign Landmark Agreement [IPeye]

– South Africa: Fast-tracking OER policy and practice in South Africa – UNISA on the move [ipunit]

And finally, we invite our readers to consider the intellectual property (IP) issues involved in the following product available in Kenya:


The Competent Authority: Behold! Kenya’s New Copyright Tribunal

During the Second Reading of the Copyright Bill on November 20, 2001, the following statement was made by the Deputy House Speaker recorded in the Hansard at page 3186:

“the competent authority will act as an arbiter between the Board and the members.”

Section 48 (1) of Kenya’s Copyright Act provides for the appointment of a “competent authority” which is really a Tribunal appointed by the Minister in charge of the Kenya Copyright Board who happens to be the Attorney General (AG).

In Gazette notice no. 4339 dated 2nd April 2012, the AG has now appointed the following 5 individuals to form the Competent Authority:

Prof. Ben Sihanya – appointed as Chairman of the Competent Authority

Sihanya is currently Associate Professor of Law at the University of Nairobi School of Law. He has researched, published and spoken widely on Intellectual Property, Constitutionalism, Education Law and ICT Law in Kenya.

Sihanya is known for his innovative approach to the law and other inter-disciplinary areas of legal research and practice. He has conducted training, publishing, consulting and mentoring in Intellectual Property and Innovation, Education, Training, Research and Mentoring (ETRM) Law, Constitutionalism and Governance, Communications Law as well as Trade and Corporate Governance Law in Kenya specifically and Africa generally.

As one of the foremost authorities on copyright law in Kenya, IPKenya believes that Sihanya’s appointment as Chairman is well deserved. His wealth of skills, knowledge and experience in intellectual property is unmatched.

The following 4 individuals have been appointed as Members of the Competent Authority:

Continue reading