#ipkenya Weekly Dozen: 20/07

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  • Professor Calestous Juma Memorial Lecture: Public Policy Options for Science and Technology in Africa [Hashtag]
  • CBD and ITPGRFA commit to enhanced cooperation on access and benefit-sharing of genetic resources [Official]
  • Global Innovation Divide: Can Investment In Innovation Bridge The Gap? [IPW]
  • Kenya is seizing the opportunity to protect individuals and their data [Privacy International]
  • Tobacco Plain Packaging: An oncoming trademark dispute in South Africa? [UCT IP Unit]
  • SAMPRA takes on SABC, IMPRA over needletime payout [MiA]
  • Power, Profit and Sport: The Real Legacy of the Football World Cup [Nakueira]
  • PAIPO – Concerns From A Brand Holder’s Perspective [africadotcom]
  • South Africa: Software Developers Pasop/Beware/Qaphela/Hlokomela [A+ Bunch of Lawyers]
  • Universal Music Launches Nigerian Division [Variety]
  • Big Pharma and Predatory Pricing of Birth Control [Bhekisisa]
  • Innovation Prize for Africa 2018: Investing in Inclusive Innovation Ecosystems [ICYMI]

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!

Idea/Expression Murkiness: Court Ruling in Nation Media Copyright Suit over ‘LIT 360’ Simulcast Show

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Like clockwork, behind every mega corporate launch in Kenya is a law suit over allegedly ‘stolen’ intellectual property (IP). In a recent High Court ruling in Incognito Productions Limited & another v Nation Media Group [2018] eKLR, the learned judge appeared to sympathise with the Plaintiffs but not enough to grant their application for a temporary injunction against the Defendant, one of Kenya’s largest media conglomerates that recently rolled out a multi-million shilling project dubbed ‘Lit Music’.

The face of Lit Music (which is really just a record label) is ‘LIT 360’, a 1-hour programme made available simultaneously on Nation’s radio, television and digital platforms. LIT 360 was designed with the aim of talent scouting, soliciting and harvesting content, as well as distribution, marketing and promotion of musical talent. As readers may have undoubtedly figured out by now, the Plaintiffs’ claim is that Nation unlawfully appropriated their concept which underlies Lit Music and LIT 360 based on a series of confidential business proposals made to Nation by the Plaintiffs between July 2016 and March 2017.

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#ipkenya Weekly Dozen: 29/06

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  • The Continental Free Trade Area: A game changer for Africa [The East African]
  • Crunch Time at WIPO-IGC: A Last Attempt to Draft a New Genetic Resources Text? [ABS Canada]
  • Zimbabwe Launches National IP Policy & Implementation Strategy [AllThingsIP]
  • Ethiopia: Whose injera is it anyway? [Mail & Guardian]
  • Strengthening African Science [Project Syndicate]
  • South Africa: Marked improvements on the IP landscape [Lexology]
  • Google is throwing its weight behind artificial intelligence for Africa [Quartz]
  • Enabling intellectual property and innovation systems for South Africa’s development and competitiveness [Sibanda’s 2018 PhD Thesis]
  • Nigeria: Food Security In Africa: Is Genetically Modified Technology A Pathway? [Leadership]
  • Number of patents is a poor measure of innovation in ARIPO and Kenya [AfroIP]
  • Emojis and intellectual property law [WIPO Magazine]
  • Ten Years Later: Dismal Performance Scorecard for Kenya’s Anti-Counterfeit Agency [Captain Obvious]

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!

Kenyan Company Seeks to Stop Barclays ABSA Bank Rebrand in Trade Mark Suit

Barclays Bank rebrand ABSA Group Africa Kenya Daily Nation March 2018

In the recent High Court case of ABSA Kenya Limited v Barclays Bank of Kenya [2018] eKLR, a Kenyan company has failed to temporarily halt the proposed name change of Barclays Bank to Absa. ABSA Kenya claimed that it had received cancellation of lucrative transactions due to confusion created by the planned rebranding by Barclays Bank. However the learned judge in this case dismissed the plaintiff’s application for interim injunction to ‘restrain Barclays from using, representing, infringing, advertising or in any manner whatever the trade mark and the name ABSA or its derivatives, deductives, corollaries devices and/or anxilliaries in Kenya or in any other place or at all.’

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Trade Mark vs Company Name Registration: Innscor Int. Battles Rwandan Companies, Pizza Inn Ltd and Chicken Inn Ltd

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In a recent media report here, the Commercial Court of Nyarugenge in Rwanda has ruled that it will not proceed with a case filed by Innscor International accusing two local companies Chicken Inn Limited and Pizza Inn Limited of trademark infringement in Rwanda. The basis of this ruling was reportedly that Innscor had not demonstrated to the court that it had “legal status according to the law governing registered entities in Rwanda”. Technicalities aside, it is clear that once Innscor produces its certificate of incorporation in court, this case would proceed to consider the merits of Innscor’s claim (as illustrated by the picture above), namely that registration of a name as a company name by entity A should not trump any rights in such a name acquired previously by entity B through trade mark law.

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Kenyans Pay Three Times More Than South Africans to Use Sound Recordings: Lessons from Appeal Court Judgment in SAMPRA v. Foschini Retail Group & 9 Ors

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Recently, Kenya Copyright Board (KECOBO) published on its website here the proposed 2016 collecting society joint tariffs for musical works, sound recordings and audio-visual works. A copy of these joint tariffs is available here. In order to ensure public participation before the approval of these tariffs, KECOBO will convene an open half-day public forum to be held next week on February 10th 2016 at the Auditorium of NHIF Building starting at 8:30am.

This blogpost will focus on the tariffs for sound recordings since they have recently been the subject of thorough debate and analysis in South Africa’s Supreme Court of Appeal. It is hoped that the South African experience will be useful to Kenyan users in their negotiations with collecting societies on reasonable tariffs to pay for use of copyright works.

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