3, 2, 1: Action as Film Regulation Moves to ICT Ministry

Rafiki Movie Kenya Image Twitter Dc6K6pSW4AEDmmr

Last month, the President signed Executive Order No. 1 of 2018 on the Organisation of Government which, inter alia, assigned functions and institutions among Ministries and State Departments. One interesting new change in the structure of the Government is that Kenya Film Classification Board (KFCB) and Kenya Film Commission (KFC) are now listed under the State Department for Broadcasting and Telecommunications in the ICT Ministry. In addition the Ministry’s functions now includes overall responsibility for policies on film development in Kenya and the development of the country’s film industry.

This may all seem like a mundane bureaucratic detail but in reality it may well represent a fundamental shift in Kenya’s approach to the development of the creative economy and the important contribution of the film industry. But like every good story, there is a plot twist: the only thing that KFCB and KFC seem to agree on is that they are better off separate than together. Lately, the two lead film agencies have been at loggerheads (see video clips here and here) over how best the film industry should be regulated for the development of this vital pillar of the creative and cultural industries.

Continue reading

#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!

#ipkenya Weekly Dozen: 25/05

Africa people map

  • In Cannes, African filmmakers are plotting to take back control from European producers [Quartz]
  • CC Africa Community Collaborates on Continental Projects [Creative Commons]
  • Ghana becomes the 38th country to join the Marrakesh Treaty [Official]
  • Ethiopian Government to sue Dutch Company that patented teff grain [The Reporter]
  • The clock ticks towards General Data Protection Regulation for African companies [Nairobi Business Monthly]
  • South Africa Intellectual Property (IP) Policy-Phase 1 approved [Official]
  • Kenyan Film agencies clash in new licence fees row [Business Daily]
  • Eveready ruling keeps away rivals [Nation]
  • Kenya Income Tax Bill 2018 has new provisions on IP between associated persons [Treasury]
  • ARIPO Working Group Clarifies Fees Deadlines [Adams & Adams]
  • Kenya moves to regulate fintech-fuelled lending craze [Reuters]
  • TAMING THE INTERNET: The good, the bad and the ugly parts of the Kenya Computer Misuse and Cybercrimes Act 2018 [The Elephant]

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.

Happy Africa Day!

 

Netflix in Kenya, Africa – A Fix for Copyright Piracy?

Netflix in Kenya website screenshot homepage

This week, Netflix, the popular American multinational subscription video on demand (SVoD) internet streaming media service provider announced that it’s service has gone live globally. Kenya is among 130 countries that can now access internet streaming TV from Netflix. In Kenya, Netflix is now available via their official website: https://www.netflix.com/ke/  which means that for one monthly price Kenyan consumers can sign up to enjoy Netflix original series as well as its huge catalog of licensed TV shows and movies simultaneously with the rest of the world. As of October 2015, Netflix had 69.17 million subscribers globally, including more than 43 million in the United States of America.

Continue reading

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.

Continue reading

Kenya Leads Africa in Celebrations of World Intellectual Property Day 2014

Winning team from Riara University at Inaugural IP Moot receive Trophy from The Hon. Willy Mutunga, Chief Justice of the Republic of Kenya.

Winning team from Riara University at Inaugural IP Moot receive Trophy from The Hon. Willy Mutunga, Chief Justice of the Republic of Kenya.

In case you missed it, Kenya’s planned activities for this year’s World Intellectual Property Day went off without a single hitch and exceeded all expectations. This year’s celebrations were the envy of the twitterverse judging from the volume of tweets with the hashtag #worldipdayke (click to view the live-tweets).

The highlight of the day’s event’s was undoubtedly the inaugural IP moot which was won by the impressive all-female team from Riara University. The IP Moot trophy was presented by none other than the Chief Justice and Head of the Judiciary, Dr. Willy Mutunga, SC (see picture above).

Surprisingly, the IP Moot topic was closely related to the World IP Day theme despite being prepared almost 5 months before WIPO announced this year’s theme. The topics are available here. The inaugural Moot attracted a total of eight (8) teams drawn from the various public and private universities throughout Kenya. However the success of the moot was due to an unparalleled cooperation between the government, the legal profession and of course academia, led by Strathmore Law School. At the governmental level, the Executive and Judicial branches of government played an instrumental role in offering practical guidance to the mooters. The Executive was represented by KECOBO and KIPI, whose senior management served as moot court judges. The judiciary’s role in the moot was indispensable and indeed the mooters benefited from the knowledge and experience of Court of Appeal Judge G. Kairu and High Court Judge J. Kamau.

The legal profession also came out in support of the IP moot led by three law firms namely, Coulson Harney, Kaplan & Stratton and Simba & Simba, Advocates. Each firm was represented by their IP-savvy advocates who served as judges in the moot.

The following pictures taken during the various rounds of the moot say it all:-

Mooter (standing) addresses moot court judges including KECOBO Legal Counsel Edward Sigei during preliminary rounds of the Moot.

Mooter (standing) addresses moot court judges including KECOBO Legal Counsel Edward Sigei during preliminary rounds of the Moot.

The Moot Judges in the Final Round: L-R Kairu, JA; Kamau, J; Caroline Muchiri, Simba & Simba Advocates; Sudi Wandabusi, KIPI; John Syekei, Coulson Harney & Dr. Mutai, KIPI.

The Moot Judges in the Final Round: L-R Kairu, JA; Kamau, J; Caroline Muchiri, Simba & Simba Advocates; Sudi Wandabusi, KIPI; John Syekei, Coulson Harney & Dr. Mutai, KIPI.

As the moot rounds were underway, two separate events were taking place namely the “IP Pavillion” (exhibition stands) and a discussion forum on IP and Film. The day ended with a public screening of the award-winning movie “The Prestige” (2006) courtesy of the United States (US) Embassy in Nairobi. Here are some of the pictures from these events:

Liz Lenjo leads the discussions on Intellectual Property Rights in Film.

Liz Lenjo leads the discussions on Intellectual Property Rights in Film.

Peter Hime, an IP Lawyer at the ACA stand.

Peter Hime, an IP Lawyer at the ACA stand.

Discussion Panel on Film Industry in Kenya (L-R): Gerry Gitonga, Entertainment Lawyer; Krushil, Owner of MoMoviez; Gerald Langiri, Founder of Actors.co.ke; June Gachui, Actress, Singer & Lawyer; Timothy Owase, Kenya Film Commission and Mwaniki, Riverwood Ensemble.

Discussion Panel on Film Industry in Kenya (L-R): Gerry Gitonga, Entertainment Lawyer; Krushil, Owner of MoMoviez; Gerald Langiri, Founder of Actors.co.ke; June Gachui, Actress, Singer & Lawyer; Timothy Owase, Kenya Film Commission and Mwaniki, Riverwood Ensemble.

Although it was a Saturday, members of the public came out and interacted on issues affected the film industry and the role of IP in the context of film.

The day was also significant for KIPI Managing Director and Registrar of Trade Marks, Dr. Kibet Mutai who announced that his term was set to expire at the end of April 2014. Many will recall that Dr. Mutai took over from Prof. Otieno-Odek at KIPI in April 2011. Therefore this day was Dr. Mutai was his last public function and he took opportunity to award several awards for the highest number of trade mark applications.

A smiling Dr. Kibet Mutai gives away prizes at the World IP Day 2014. This is his final public event as KIPI Managing Director.

A smiling Dr. Kibet Mutai gives away prizes at the World IP Day 2014. This is his final public event as KIPI Managing Director.

While the IP Moot, IP Pavillion and IP Forum were taking place at Strathmore, there was a separate event taking place in the Nairobi central business district. The Performers Rights Society of Kenya (PRiSK) had organised a procession walk from Kenya National Theatre to Nairobi County Hall. The procession finally gathered at Uhuru Park where members of the public got to interact and discuss the day’s theme. As many may know, PRiSK is the collective management organisation that represents the related rights of performers including actors.

poster by PRiSK

The theme of this year’s World IP Day was also the subject of the following WIPO interviews with two personalities in Kenya’s film industry:

Overall, this blogger is very pleased with the amazing team effort displayed by a whole cast of different stakeholders in Kenya’s creative industries, from government to private sector and academia. The result was a magnificent day marking World IP Day in Kenya. A quick online search reveals that only Algeria, Mozambique, Namibia, Rwanda, South Africa and Uganda had any online evidence of planned World IP Day activities, which is worrying given the low levels of IP awareness on the continent. Therefore it is clear that Kenya has set the bar very high for Africa!

This blogger hopes that Kenya will continue being active in its World IP Day outreach activities and events in the years to come.

Strathmore to Host World Intellectual Property Day 2014 Events in Kenya

world ip day 2014 poster

Strathmore University’s Centre for Intellectual Property and Information Technology Law (CIPIT) has been at the centre of Kenya’s preparations for this year’s World Intellectual Property (WIP) Day celebrations on 26th April 2014. This blogger has previously discussed here the significance of this year’s WIP Day for Kenya. The programme for the day is available here. The celebrations will run from 8.30 a.m to 5.00 p.m and will involve three concurrent events, namely the IP Pavilion, the IP Workshop and the IP Moot Competition. To top it off, there will be a public screening of the award-winning film, “The Prestige”.

The IP Pavilion will be a tented area for exhibitors to carry out public outreach. Attendees of the WIP Day events will have time to visit The Pavilion and meet the various exhibitors.

The IP Workshop will delve into the theme of WIP Day 2014, which is “Movies – A Global Passion.” Speakers will include representatives from the Kenya Copyright Board, Department of Film Services, Kenya Film Commission, Kenya Film Classifications Board, Kenya Film & Television Professionals Association, and experienced Intellectual Property Lawyers in the creative industry.
Venue: Main Auditorium.
Tentative program:
9.45 – 10.45 am: Intellectual Property Rights in Film
10.45 – 11.00 am: Presentation on Copyright and Film Industry
11.30 – 1.00 pm: Discussion Forum on the Dissection of the Film Industry in Kenya

The IP Moot Competition will provide a platform for exposing law students to Intellectual Property Rights, and is the first of its kind anywhere in Kenya. The IP Moot Competition questions and rules are available here.
CIPIT has registered 18 teams from 9 law schools. The Chief Justice of the Supreme Court of Kenya will be closing the event and handing out prizes.
Venue: morning activities to be in assigned classrooms, afternoon activities in Main Auditorium.
Tentative program:
9.45 – 1.00 pm: Initial Round
1.00 – 2.00 pm: Lunch
2.00 – 3.15 pm: Semi-final Round
3.30 – 4.30 pm: Final Round
4.30 – 5.00 pm: Closing and Presentation of Prizes

CIPIT is confident that there will be a good turnout for the WIP Day events, including media coverage, participation by Kenya’s two national IP offices, KIPI and KECOBO, as well as a visit from the Chief Justice of the Supreme Court of Kenya.

This blogger salutes CIPIT, IP Checkin, Kikao IP and the entire organizing committee and looks forward to a memorable WIP Day 2014.