#ipkenya Weekly Dozen: 13/07

ozwald boateng africanism 2018 image from afropunk on instagram

  • A look at celebrated Ghanaian-British designer Ozwald Boateng’s ‘Africanism’ collection [TIA]
  • Help ARIPO develop a new Official Website [Your feedback is important]
  • Global Innovation Index 2018 Released [WIPO]
  • Interview with ARIPO Director General Fernando Dos Santos [Arterial Network]
  • Cameroun: Catalogue programme de Master II en Propriété Intellectuelle 2018 [OAPI]
  • New study on the meaning of the “public domain” in the context of Traditional Knowledge [UCT IP Unit]
  • Uganda film industry on a progressive journey [Daily Monitor]
  • Kenya: Sony trade mark decision not a threat to well known brands [Captain Obvious]
  • South Africa: Fighting intellectual property pirates with the cloud [IT News Africa]
  • Kenya Film Classification Board Moves to the Ministry of ICT [Oh Boy]
  • Sights and Synopsis of the 15th WIPO – WTO Colloquium for Teachers of Intellectual Property [Flora IP]
  • A Kenyan Director Made History at Cannes, but Kenyans Still Can’t Watch Her Film [WPR]
  • South Africa: Patent Inventorship: Not Always So Patently Clear [Kisch 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!

OAPI Suspends Agents: IP Community Across Africa is Watching

OAPI NEW LOGO ORGANISATION AFRICAINE DE LA PROPRIETE INTELLECTUELLE

Last year, Organisation Africaine de la Propriété Intellectuelle (OAPI) published a notice on its website stating that a group of unnamed persons calling themselves “Collectif des Conseils en propriété industrielle” were leading a public campaign opposing OAPI’s accession to the Madrid Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. Recently, OAPI published two notices here and here informing the public that two OAPI Agents, Christian Djomga and Judith Fezeu Tchimmoe along with all other representatives from their firm, Cabinet Isis, have been provisionally suspended. In addition to several alleged violations of OAPI rules, OAPI claims that Djomga and Fezeu are involved in the Collectif’s campaign against OAPI joining Madrid.

Intellectual property (IP) observers will be keenly following this on-going matter between OAPI and the Collectif with at least three main questions in mind. Firstly, how will OAPI member states react to the Collectif’s campaign? Secondly, what will be the fate of the agents implicated in the Collectif and it’s campaign? Thirdly, how will the outcome from this saga between the Collectif and OAPI affect relations between agents and IP offices in other African countries?

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Quick Recap from the 39th Session of ARIPO Administrative Council and 15th Session of ARIPO Council of Ministers in Lusaka, Zambia

ARIPO Kahinda Otafiire Chair Council of Ministers Margaret Mwanakatwe Nov 2015 Lusaka Zambia

Hon Kahinda Otafiire (outgoing Chair Council of Ministers) handing over to the Incoming Chair Council of Ministers Hon Margaret Mwanakatwe – Lusaka, Zambia November 2015

Readers may know that last week the 39th and the 15th Sessions of the Administrative Council and Council of Ministers of African Regional Intellectual Property Organization (ARIPO) respectively, took place in Lusaka, Zambia.

Zambia’s Minister of Commerce Margaret Mwanakatwe opened the 39th Session which saw Patents and Companies Registration Agency (PACRA) Chief Executive Officer Anthony Bwembya take over as Chairperson of the ARIPO Administrative Council.

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ARIPO Roving Seminar Comes to Kenya: Copyright in the Digital Environment, 16 – 17 March 2015

ARIPO ROVING SEMINAR 2015 KENYA COPYRIGHT IN THE DIGITAL ENVIRONMENT KECOBO

The African Regional Intellectual Property Organization (ARIPO) in collaboration with the Kenya Copyright Board (KECOBO) will be hosting a seminar on copyright and related rights as part of the on-going series of ARIPO roving seminars. The Seminar will be held on 16 and 17 March 2015 in Nairobi.

The theme of the Seminar is “Copyright in the Digital Environment”. According to the host organisations, digital networks have had a major impact on the way we access, use, reproduce and disseminate copyright works such as music, film, software, visual arts among others. Therefore the Seminar is aimed at providing an opportunity for stakeholders to interact with experts and players in the industry to discuss topical issues related to the theme.

Some of the speakers at the Seminar will include:

– Githu Muigai, Attorney General of Kenya
– Tom Mshindi, Chairman KECOBO
– Sylvance Sange, Ag. Managing Director, KIPI
– Fernando Dos Santos, Director General, ARIPO
– Adejoke Oyewunmi, MIP Professor, Africa University, Zimbabwe
– Ben Sihanya, IP Professor, University of Nairobi, Kenya
– Henry Mutai, Former Managing Director, KIPI
– Hezekiel Oira, Former Corporation Secretary, KBC
– David Muriithi, Board Member, KECOBO
– June Gachui, Principal, JGIP Consultants
– Lawrence Njagi, Chairman, Kenya Publishers Association
– Sharon Chahale Wata, General Manager, KOPIKEN

KECOBO asks that those who are interested in attending the roving seminar should send their details to info@copyright.go.ke as soon as possible.

The Jubilee Government – One Year Later: Waiting for the Intellectual Property Organisation of Kenya

gado editorial cartoon April 10 2014 daily nation

As many readers may know, the Jubilee government of President Uhuru Kenyatta, his Deputy William Ruto and his Cabinet mark the end of their first year in office this month. To this end, Gado’s comic in today’s Daily Nation newspaper depicts Kenyatta and Ruto being accused of copyright infringement by the immediate former president Kibaki. The message is clear: the Jubilee government is literally singing the same tune as the previous government.

As this blogger has previously noted, Kenyatta has been very supportive of the creative economy and has on several occasions reiterated his administration’s commitment to creating a conducive environment for creators to reap from their intellectual property (IP) assets. However, Kenyatta’s lasting mark on IP in the past year was the decision to reform all state corporations and parastatals in Kenya which has set in motion plans to merge the copyright office, the industrial property office and the anti-counterfeit agency into one national IP office. (See this blogger’s comments on the merger here and here).

According to recent media reports, the heads of the various government parastatals spent the month of March at the Kenya School of Government deliberating and making recommendations to the Jubilee Government on the best ways to merge the various state agencies across the various sectors, including intellectual property administration and enforcement. Unconfirmed whispers received by this blogger indicate that the proposed name for the new IP body is the Intellectual Property Organisation of Kenya (IPOK) which will be composed of three directorates (Copyright and Related Rights, Industrial Property and Anti-Counterfeit). This new body, IPOK, will be run by a Director-General, much like the African Regional Intellectual Property Organisation (ARIPO) or the World Intellectual Property Organisation (WIPO).

Regardless of the new IP body’s format, it is clear that members of the Jubilee Cabinet will play a crucial role to ensure that this body functions smoothly and delivers on the expectations of Kenyans. In particular, the Cabinet Secretaries in charge of Industrialisation, Justice and Culture will play the greatest role to midwife and steer the operationalisation of the proposed IP body. In a recent publication titled “Cabinet Scorecard”, the Star newspaper used the following rating to gauge the performance of the Jubilee Cabinet over the past year:

“A. You are doing an excellent job

B. Good, but room for improvement

C. You are okay

D. Get your act together

E. Resign

F. Please fire him, Mr President”

According to the Star, no member of the Executive obtained an “A” grade with Kenyatta being the highest scorer with a “B” grade. The Cabinet Secretary for Industrialisation, Adan Mohammed was among the lowest scorers with a “D” grade.

The scorecard reads in part:

“A year later, no one can say with certainty whether he [Mohammed] has done anything let alone inspire change. Nothing much has been heard of his ministry and nothing has reverberated on the ground from the golden touch everyone expected from him…It is no surprising therefore that in the ministry’s website, only three events appear in the “news and events” category one year later.”

Many will recall that Mohammed’s docket is the parent ministry for two out of the three IP agencies to be merged, namely the Kenya Industrial Property Institute (KIPI) and the Anti-Counterfeit Agency (ACA). Furthermore, it is widely speculated that the Industrialisation Ministry may be charged with direct oversight and supervision over the new IP body.

As the Jubilee government enters the second year of its administration, this blogger will continue to review the highs and lows of the Executive, including the current national IP offices, in promoting, supporting and protection the IP rights of the Kenyans.

Picture of the Day: WTO, WIPO, WHO on Intersections Between Public Health, Intellectual Property and Trade

WIPO WTO WHO Report 2013

Yesterday, the World Trade Organization (WTO), World Intellectual Property Organization (WIPO), and World Health Organization (WHO) jointly released a report on “Promoting Access to Medical Technologies and Innovation”.

This report examines the interplay between public health, trade and intellectual property, and how these policy domains affect medical innovation and access to medical technologies.

Read the full report here.