- Ethiopia: Gearing up the postal sector to drive development [UPU]
- Egypt: Mo Salah accuses Football Association of ignoring image rights [BBC]
- Ghana: ARIPO launches Masters in Intellectual Property at KNUST [Going Places]
- Nigeria: ‘White gold’ – GM cotton hope for troubled textile industry [GLP]
- South Africa: Collecting society SAMRO under fire over multi-million US Dollar Dubai investment [Apparently]
- Zimbabwe: ARIPO Magazine Vol.8 No.2 is out [Get Your Copy Here]
- Kenya: Struggle to modernise traditional medicine is far from won [The Star]
- Double Trademark Law Whammy this week over at Afro-IP [Afro Leo & Friends]
- ICYMI: This Blogger is Now A Member of the Copyright Tribunal [Shameless Plug]
- New Paper Looks At Differential Protection For TK, Folklore [IP-Watch]
- Creative Markets and Copyright in the Fourth Industrial Era: Reconfiguring the Public Benefit for a Digital Trade Economy [Okediji]
- 5th Global Congress on Intellectual Property and the Public Interest [Register Here]
For more news stories and developments, please check out #ipkenya on twitter and feel free to share any other IP/ICT-related items that you may come across.
Have a great week-end!
- The Global Innovation Index (GII) 2018 to be released next week [You’re Invited]
- What the WTO decision on plain packaging means for developing countries [devex]
- Time for a bioeconomy in Africa [ICIPE]
- How fab labs help meet digital challenges in Africa [The Conversation]
- Lionel Messi: Image Rights, International Financial Flows, Tax Havens and its Impact on Africa and Kenya [Academia]
- Uganda’s Troubling Social Media Tax [HRW]
- Kenya’s Digital Taxi Services Paralyzed, Strike Enters 4th Day [VOA]
- Comment on South Africa’s Copyright Amendment Bill Until 18 July [PEN SA]
- On the 36th Session of the WIPO – IGC: An Interview with Professor Chidi Oguamanam [Flora IP]
- Ghana’s Copyright Administrator ordered to release funds to Audio-Visual Rights Society [GNA]
- Intellectual Property Issues in Access and Benefit-sharing Agreements [WIPO]
- Governance Issues of Nigerian Music Collecting Society, COSON Continues [Afro-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!
“…the mere lack of a legal regime in our jurisdiction that address the question image rights cannot be taken to mean that persons who suffer wrongs cannot seek redress from courts of law when in actual fact they are aggrieved.” – Hon. Justice Peter Adonyo in Asege Winnie v. Opportunity Bank (U) Ltd & Anor  UGCOMMC 39
This blogger has come across a recent High Court judgment from Uganda in the case of Asege Winnie v. Opportunity Bank (U) Ltd & Anor  UGCOMMC 39 which sheds new light on the emerging topic of personality rights and protection of image rights, which is not catered for in a perfect “unified” legal system but rather in a combination of rights and causes of action under the Constitution, common law and various statutes on intellectual property, defamation and consumer protection.
The most recent edition of Kenya Copyright Board (KECOBO) newsletter (cover pictured above) focuses on photography and image rights. A copy of the full Issue 18 is available here.
In the lead article starting on page 4 by KECOBO Executive Director, a compelling case is made in favour of specific legal protection of image rights, particularly in the case of celebrities. The article uses the oft-cited case of Dennis Oliech v. EABL (previously discussed here) to illustrate the limitations of existing intellectual property (IP) regimes in cases of commercial appropriation of one’s personality and/or image.
The article reads in part as follows:
“The use of images and personality rights is gaining currency and there is need to ensure that the same is well regulated and third parties do not take undue advantage of the commercialisation of the same. Guernsey provides a good example and maybe we should follow suit.”
This view from the Copyright Office begs the question: will Kenya be better off with a specific law on image rights like Guernsey? This blogger argues that the answer must be “No”.
This week, African Regional Intellectual Property Organization (ARIPO) hosted the WIPO African Sub-regional Workshop on New Perspectives on Copyright organized by the World Intellectual Property Organization (WIPO) from 20 – 21 July 2015.
The Workshop drew Heads of Copyright Offices in the ARIPO Member States and some Observer States who took part in this crucial Workshop aimed at discussing the management of Copyright and Related Rights in the face of new challenges emanating from new digital technologies. Also in attendance were copyright officials from Jamaica and Trinidad and Tobago who shared their experiences with their African colleagues.
What follows is a summary of the presentations made by the various participants at the Workshop.
This blogger has come across a recent judgment from the High Court in Uganda in the case of Ssebagala v. MTN (U) Ltd & Anor. In this case, Ssebagala the former Mayor of Kampala spoke to journalists who were waiting outside the precincts of Parliament. Ssebagala was being vetted by Uganda’s Parliamentary Appointments Committee following his nomination for appointment as a Cabinet Minister.
During the question and answer (Q & A) session, Ssebegala is said to have responded to the journalists using his “characteristic style and skill which obviously generated a lot of merriment”. Ssebagala’s interaction with the press was publicly broadcast in Uganda as current news of public and political events. Thereafter SMS Media Ltd, the third party in the suit, adapted audiovisual recordings of Ssebagala into caller ring back tones (CRBTs) and offered these caller tunes to leading mobile network MTN Uganda for sale to the latter’s subscribers.