#ipkenya Weekly Dozen: 15/06

Matthew Inman Oatmeal World Cup 2018 DfmH7qZVMAAkmZe

World Cup 2018 starts this week!

  • ARIPO holds the Second Symposium on Copyright and Related Rights [Official]
  • Tete Goat – First Geographical Indication of Mozambique [Inventa]
  • Namibia introduces new Industrial Property Act [A+ Bunch of Lawyers]
  • Competition Authority confirms Egypt’s right to air 22 World Cup games [Egypt Today]
  • Should Africa let Silicon Valley in? [The Guardian]
  • Kenya to publish draft data protection bill this month [Reuters]
  • Rethinking Uganda’s State Brand Strategy Using Intangible Assets [Amani IP Network]
  • Restriction on Parallel Imports Gets Red-Lighted By Competition Authority of Kenya [BD Africa]
  • Stolen melodies: Copyright law in Africa [Deutsche Welle]
  • Rwanda: Experts call for autonomous Intellectual Property office [The New Times]
  • Kenya: Sharing books online kills creativity, it’s outright theft [One-sided coin]
  • Anti-Counterfeit Agency Insults Intelligence of Stakeholders at ‘Consultative Forum’ on Proposed IP Law [Shameless Plug]

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!

Nestle S.A. v Cadbury UK: The Problem with Registering Colour Trade Marks

cadbury dairy milk chocolate

“….unconventional or “exotic” marks, such as colours, sounds and smells, give rise to conceptual problems, which are not encountered with more conventional trade names and logos. As the registration of a trade mark creates a form of intellectual property conferring a potentially perpetual monopoly in the mark and excluding everybody else from use in various ways, the point of principle has some public importance.”

Recently, the England and Wales Court of Appeal in the case of Société Des Produits Nestlé S.A. v Cadbury UK Ltd. [2013] overturned a decision of the High Court to proceed with an application to register a trade mark for Cadbury’s chocolate, which featured a specified shade of the colour purple. In particular, the trade mark applied for by Cadbury was shown as a rectangle, which is a purple block when reproduced in colour, and described as:-

“The colour purple (Pantone 2685C), as shown on the form of application, applied to the whole visible surface, or being the predominant colour applied to the whole visible surface, of the packaging of the goods.” [Emphasis Mine]

Read the rest of this article here.