#ipkenya Weekly Dozen: 31/08

African Union Addis Abeba Ethiopia Second Extraordinary Congress Universal Postal Union 2018 Ababa

  • 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!

#ipkenya Weekly Dozen: 24/08

RIP Kofi Annan

  • Kofi Annan 1938 – 2018 [UN News]
  • TIDAL and MTN Uganda partner to bring music streaming to African customers [Official]
  • Unlocking Disruptive Technologies and Local Knowledge for Climate Resilience [CIF]
  • How State intervention could boost the fortunes of Kenya’s pharmaceutical sector [Captain Obvious]
  • Court Stops DStv in Nigeria [tekedia]
  • Rwandans launch first delivery drones in Africa [Ventures Africa]
  • Kenya: Anti-Counterfeit Agency digitizes operations to tame rogue business practices [Standard]
  • South Africa: Where does graffiti stand when it comes to copyright? [BIZCommunity]
  • IIPA Claims That South Africa’s Copyright Reform Bill Would Make The Country Ineligible For AGOA Benefits [Infojustice]
  • Kenyan Banks Seek Regulatory Approval to Use Blockchain Tech [Bloomberg]
  • Postdoctoral Research Fellowship: DST/NRF SARChI Research Chair: Intellectual Property, Innovation & Development [IP Unit]
  • Judges Wanted: Strathmore Law School ICT Moot 2018 [Volunteer 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!

#ipkenya Weekly Dozen: 10/08

African Telecommunications Union ATU Administrative Council Session Conference of Plenipotentiaries Kenya

  • Kenya Guns for Top ICT Positions in Africa and Globally [Official]
  • Strengthening Africa’s audiovisual sector: market intelligence is critical [WIPO Magazine]
  • Technology transfer to transform agricultural production in Africa [African Development Bank]
  • A decision-making tool for countries to implement the Multilateral System of Access and Benefit Sharing [Biodiversity International]
  • ‘My President is a Pair of Buttocks’: the limits of online freedom of expression in Uganda [Oxford]
  • Parallel imports remain a grey area for IP rights in East Africa [Captain Obvious]
  • Trademark Infringement in Nigeria: What is ‘Use in the Course of Trade’? [Afro-IP]
  • In case you missed it: You can now register copyright online in Kenya [KECOBO]
  • Industrial Property Act Comes Into Effect [Namibia Economist]
  • Scotch Whisky Association awarded a certification trademark in South Africa [the drinks business]
  • Ethiopia becoming an industrial powerhouse and future ‘Wakanda’ [Asia Times]
  • 10% of WIPO’s workforce comes from Africa [2018 Report]

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!

Anti-Counterfeit Agency Defends Flawed Proposals on Mandatory Intellectual Property Rights ‘Recordation’

ACA Kenya Tweet

Yesterday the Anti-Counterfeit Agency (ACA) posted this response in the comments section of our blogpost last week titled: ‘Controversial 2018 Proposed Amendments to The Anti-Counterfeit Act’. In the face of widespread criticism from intellectual property (IP) experts, ACA has defended its proposed amendments to the Anti-Counterfeit Act which, if enacted, would effectively introduce a system for mandatory ‘recordation’ of trade marks, copyright and plant breeders rights to be administered by ACA.

Prior to writing that blogpost, this blogger had reached out to ACA for an official comment asking the following question: ‘What is your response to public concerns about the implications of the draft amendments to your Act on 1) the mandates of Kenya Industrial Property Institute (KIPI) and Kenya Copyright Board (KECOBO); 2) ease of doing business in Kenya generally; 3) international best practice?’ All the various responses from ACA will be considered in this blogpost.

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Employment, Non-Competition and Intellectual Property: High Court Case of AMC International v. ABMC International

ABMC 2ND EXECUTIVE HUMAN RESOURCES BOOSTERS SYMPOSIUM 2013 DISPUTE COPYRIGHT TRADEMARK KENYA AMC INTERNATIONAL NAIROBI

This blogger has come across a recent ruling in the case of Africa Management Communication International Limited v Joseph Mathenge Mugo & another [2016] eKLR. In this case, the court declined to find the defendants (which included 2 ex-employees of the plaintiff) in contempt of court orders made preventing them from passing off and carrying themselves as a sister or associate company of the plaintiff (a former employer of the defendants). In addition the plaintiff sought to have the ex-employees committed in prison for three months for violating orders restraining one of the ex-employees from being a director in the 2nd defendant company for a stipulated period of 18 months.

This blogpost examines this case which illustrates the importance of ensuring that employers take proactive steps to secure all their intellectual property (IP) assets against employees no longer in employment and that such former employees are reasonably restrained by contract from trading using the IP assets of the former employer.

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African Regional Intellectual Property Organization Launches New Online System

african regional intellectual property organization aripo online service

African Regional Intellectual Property Organization (ARIPO) has announced the launch of its web-based Intellectual Property (IP) Administration System under POLite+ – the ICT Infrastructure Modernization Project sponsored by Korea International Cooperation Agency (KOICA).

During the launch, ARIPO reports that new paper-based applications for patents, industrial designs, trademarks, utility models and search requests domains and notifications or documents associated to IP applications were captured into the system successfully.

ARIPO remarks that: “It is indeed a very happy moment for ARIPO and this milestone has put the Organization on the global map and in line with sister organizations that also use advanced IP administration systems.”

According to ARIPO, the overall system, when fully functional, will consist of:

– Online Services (eservice.aripo.org): a public service module where members of the public can access to online services like Quick Search, Advanced Search, IP Forms, Journals etc without having to register with ARIPO.

– E-services: a members-only area where members will require registration and acceptance by ARIPO. This facility allows for online filing of IP files, online payment of fees, sending and receiving notifications and general tracking of filed applications.

The e-filing system will be opened to the users on the 9th of March 2015 and it is therefore advisable for users to sign-up in advance for this service.

For now, following menus are available on ARIPO’s online service page here:

– Sign Up
– IP Digital Library
– Information
– Fee Schedule
– User Guide

This blogger congratulates ARIPO on this “great achievement”!

Protection of Well Known Marks in Kenya

On this subject of well known marks, this blogger invites readers to listen to audio recordings of the presentations made by KIPI trade mark examiners during a workshop held in January 2014 available here. Readers may also wish to download Caroline Muchiri, Advocate’s powerpoint presentation made in February 2014 available here.

Below are my reactions (in bold) to some of the issues addressed in Caroline’s presentation

Read the full article here.