As the world prepares to mark World Intellectual Property (IP) Day this Sunday April 26th 2015, this blogger has come across several World IP Day posters from around the continent created to reflect this year’s theme: “Get Up. Stand Up. For Music”. According to the map of World Intellectual Property Day 2015 Events by World Intellectual Property Organization (WIPO), there are only sixteen (16) confirmed World IP events being held in ten (10) countries across the continent. This blogger reckons that this represents a low turn-out by IP stakeholders across Africa’s fifty four (54) states given this year’s World IP Day theme and the importance of World IP Day activities and events for awareness creation and public sensitisation.
Celebrated globally on 8th March, this year’s International Women’s Day highlights the Beijing Declaration and Platform for Action, a historic roadmap signed by 189 governments 20 years ago that sets the agenda for realizing women’s rights. The official United Nations theme for International Women’s Day 2015 is “Empowering Women – Empowering Humanity: Picture It!”
“When we unleash the power of women, we can secure the future for all” – United Nations Secretary-General Ban Ki-moon in his message for International Women’s Day 2015.
To mark this year’s International Women’s Day (#IWD2015), this blogger has compiled a list of some of the (influential) women (leaders) in intellectual property (IP) from Kenya and throughout English-speaking Africa. The women listed below (in no particular order) are primarily drawn from IP offices, academia, non-governmental organisations and the IP legal fraternity.
This blogger recently received the following communication from the Law Society of Kenya (LSK):
The Council of Law Society of Kenya wishes to draw the attention of members to the provisions of paragraph 4 of The Advocates (Remuneration) (Amendment) Order 2014 which provides as follows:-
“4. An Advocate shall not agree or accept his remuneration at less than provided for by this Order.”
It has come to the attention of the Council that some law firms and advocates are undercutting by charging less than what is provided for under the order.
We are in the process of investigating the various complaints. Any member involved should know that this amounts to professional misconduct.
APOLLO MBOYA, HSC
As many may know, the Advocates Act empowers the Chief Justice and President of the Supreme Court to make orders relating to the remuneration of Advocates for both contentious and non-contentious work. This section is the basis for the Advocates Remuneration Order which sets the minimum charges that an Advocate may charge for services. The Order was recently amended through Legal Notice No. 35 dated April 11, 2014. Curiously, LSK have not uploaded a copy of the Advocates (Remuneration) (Amendment) Order 2014 on their official website available here. However a copy of the Order is available on the Kenya Law website available here.
From an intellectual property (IP) perspective, Schedules 4 and 12 of the Order deal with Trade Marks and Patents, Designs and Utility Models respectively.
For instance, with regard to trade marks, the Order provides that an advocate must not charge less than Kshs. 7,500 for “taking instructions to advise on registrability of a mark or on a point of law or practice”. In a previous post here, we discussed the heightened competition among Kenyan firms with regard to trade mark practice, particularly in light of the recent 2015 WTR1000 rankings. However, this blogger submits that the fee of Kshs. 7,500 is already too low for any of the IP law firms and advocates to be engaged in undercutting. This reasoning may easily apply to other types of trade mark work such as applications, registrations, assignments etc.
With regard to patents, designs and utility models, the Order provides that an advocate must not charge less than Kshs. 25,000 to advise on patentability of an invention or registrability of an industrial design or a utility model or on a point of law or practice. This blogger submits that given the complexity of this area of industrial property work and the duration it generally takes to complete such work, it highly unlikely that any advocate or law firm would consider undercutting. However, the increased awareness among Kenyan inventors and innovators on the need to protect their industrial property may be an important factor fueling undercutting.
This blogger invites readers to share freely their views and experiences with how advocates and law firms charge for intellectual property legal services in Kenya.
Kenya’s Patent and Trademark Office – KIPI – will hold its Open Day at the Kenyatta International Conference Centre (KICC) on February 28, 2014 from 8:00am to 5:00pm.
The purpose of the Open Day is to increase public awareness on intellectual property through educating members of the publc on the importance of registration and protection of their patents, trade marks, industrial designs and utility models.
As many may know, KIPI is a state corporation mandated by law to:
1) Consider applications for and grant industrial property rights i.e. patents, trade marks, industrial designs and utility models
2) Screen tech transfer agreements and licenses
3) Provide to the public industrial property information for tech and economic development; and
4) Promote inventiveness and innovativeness in Kenya.
KIPI has organised this Open Day in partnership with other stakeholders and collaborators in the field of intellectual property who will also be exhibitors during the event. This will definitely provide a great opportunity for KIPI and other players in the IP arena to meet and interact with innovators and entrepreneurs as well as the public at large
IPKenya encourages all those interested in this event to save the date and in case of any queries, contact KIPI’s Corporate Affairs Office on 0720732707 or 0720578915.