#ipkenya Weekly Dozen: 06/07

WIPO GII 2018 Dg3UBxgU8AAcHOu

  • The Global Innovation Index (GII) 2018 to be released next week [You’re Invited]
  • What the WTO decision on plain packaging means for developing countries [devex]
  • Time for a bioeconomy in Africa [ICIPE]
  • How fab labs help meet digital challenges in Africa [The Conversation]
  • Lionel Messi: Image Rights, International Financial Flows, Tax Havens and its Impact on Africa and Kenya [Academia]
  • Uganda’s Troubling Social Media Tax [HRW]
  • Kenya’s Digital Taxi Services Paralyzed, Strike Enters 4th Day [VOA]
  • Comment on South Africa’s Copyright Amendment Bill Until 18 July [PEN SA]
  • On the 36th Session of the WIPO – IGC: An Interview with Professor Chidi Oguamanam [Flora IP]
  • Ghana’s Copyright Administrator ordered to release funds to Audio-Visual Rights Society [GNA]
  • Intellectual Property Issues in Access and Benefit-sharing Agreements [WIPO]
  • Governance Issues of Nigerian Music Collecting Society, COSON Continues [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!

Nollywood, Rejoice: Nigerian Copyright Reform Draft 2015 Bill Published

Nigerian-Copyright-Commission-NCC

In November 2012, the Nigerian Copyright Commission (‘the Commission’) formally launched the Reform of the Copyright System. The key objective of the reform was to re-position Nigeria’s creative industries for greater growth; strengthen their capacity to compete more effectively in the global marketplace, and also enable Nigeria to fully satisfy its obligations under the various International Copyright Instruments, which it has either ratified or indicated interest to ratify.

Since the formal launch of the Reform, the Commission has undertaken a number of activities, including review and comparative analysis and case studies of similar national reform efforts; stakeholders’ consultations; collation of commentaries; and analysis of stakeholder feedback.

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Quick Thoughts on “Zindua Cafe”: Safaricom’s New Idea Submission Portal

zindua cafe safaricom homepage

This week, Safaricom launched “Zindua Cafe”, an idea submission web portal which allows registered users to submit ideas, applications or prototypes to Safaricom Limited, Kenya’s leading mobile network operator. Once these submissions are made to Safaricom, the telecommunication giant will review them internally and send either a ‘interested’ or a ‘regret’ response to the user. If Safaricom is ‘interested’ in any submission, the user will be offered a non-disclosure agreement and commmercial contract governing Safaricom’s intended implementation of the submission.

Having taken Zindua Cafe for a test-run, this blogger has a few thoughts on Safaricom’s new innovation portal:-

1. Intellectual property (IP) advice: Zindua Cafe is an excellent source for unsolicited legal advice on IP rights protection. The portal reads in part: “We strongly recommend that you patent your idea or get your IP in place”. The portal then explains the distinction between WIPO, KIPI and KECOBO and provides links to their respective websites. In the case of IP- protected submissions, the terms of use on the portal clearly state that users “irrevocably grant Safaricom the unrestricted right or license to use any idea or material [submitted] for the purpose of improving it, assessing its viability and determining its progression to the next stage within the Innovation Cycle”. In this regard, users of the portal agree that such use by Safaricom under the above license “shall not be deemed a violation of the user’s rights or the rights of any third party or give rise to any claim based on such alleged violation.”

2. Proof of IP protection: Zindua Cafe requires users to disclose whether submissions are protected as patents, trade marks or copyright in addition to providing the registration numbers of any certificates received from WIPO, KIPI and KECOBO. Copies of these certificates must also be submitted by users. This is a really smart way for Safaricom to establish the extent of IP protection involved in all submissions made on the portal. More importantly, Safaricom is in a better position to determine what steps would be necessary to exploit and/or acquire any intellectual property rights in the submissions.

zindua cafe safaricom brewing ideas

3. What’s the big idea?: As part of the submission process, Zindua Cafe requires users to provide a name for the idea/product/service/solution and select the applicable industry from a list including Agriculture, Education, Energy, Entertainment, Financial Services, Health, ICT, Manufacturing, Retail, Transport, among others. This section also requires the users to describe the idea/product/service/solution in 200 characters as well as explaining the need/problem that will be solved by the idea. Finally, users are required to itemise any similar or competing ideas/products/services/solutions already in the market and explain why their submissions are better! This is a really smart way for Safaricom to reduce on the amount of time spent in meetings with people pitching their ideas.

So, what do the users get in return after going through this rigourous 3-step submission process? Nothing. The terms and conditions of use on the portal ensure that Safaricom is fully protected from any claims arising from users and third parties while imposing several obligations on users including indemnity to Safaricom, assurance to Safaricom of IP ownership, among others.

Following the Vodacom “Please Call Me” case in South Africa and the numerous IP infringement cases involving Safaricom here in Kenya, this blogger applauds the move to introduce Zindua Cafe particularly because of the emphasis the portal places on protection of IP by its users prior to submitting their creative and innovative ideas to Safaricom.

What remains to be seen is whether this new portal for brewing ideas will deter future innovators and creators from bringing IP-related suits against Safaricom.

Are we all lazy? The debate over innovation in Africa is back

IPKenya came across this viral “article” by a certain Field Ruwe titled: “You Lazy (Intellectual) African Scum!”.

In case you haven’t already read it, please do. It is annoyingly true for the most part and perhaps what is being described in the “article” about Zambia could be applied to lots of other African countries.

However, IPKenya does not fully agree with this “article” in so far as it terms African intellectuals as “lazy” for their failure to innovate and create.

“Poor and uneducated Africans are the most hardworking people on earth. I saw them in the Lusaka markets and on the street selling merchandise. I saw them in villages toiling away. I saw women on Kafue Road crushing stones for sell and I wept. I said to myself where are the Zambian intellectuals? Are the Zambian engineers so imperceptive they cannot invent a simple stone crusher, or a simple water filter to purify well water for those poor villagers? Are you telling me that after thirty-seven years of independence your university school of engineering has not produced a scientist or an engineer who can make simple small machines for mass use? What is the school there for?”

First of all, not all intellectuals are inventors, creators and innovators. Most intellectuals are simply that, intellectuals. They’ve published, written and done studies on their native countries, for instance critically acclaimed Zambian-born and bred Dr. Dambisa Moyo.

Is this “article” suggesting that her and others like her are lazy?

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