#ipkenya Weekly Dozen: 03/08

China loves Africa Art by Michael Soi Kenya 2018

  • A Kenyan painter’s art questions China’s deepening reach in Africa [Quartz]
  • Implementing AfCFTA: When and How? [tralac]
  • Draft ICANN Africa Strategic Plan 2016-2020 Version 3.0 [Have Your Say]
  • How to sue a plagiarist – an opinion on the law and plagiarism [Stellenbosch]
  • Interesting end to Crown Hotel-Crowne Plaza Trade Mark Dispute [Addis Fortune]
  • South Africa: Fostering technology innovation [Cape Town]
  • Kenya: What happened to the boy who chased away the lions? [BBC]
  • Zambia: Government urges users to take up ZARRSO licences [IFRRO]
  • Ethiopia: New legislation for plant breeders’ rights [A+ Bunch of Lawyers]
  • African thought leaders on the Berkman Klein list of 2018-2019 Fellows [Harvard]
  • Vacancies: Development, Innovation & IP @ The South Centre [Apply Now]
  • WIPO Indigenous Fellowship Program [Deadline September 21, 2018]

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!

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#ipkenya Weekly Dozen: 06/07

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  • 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!

Fire in the Sky: Law Society Shamelessly Remains Mum in Copyright Claim

‘Fire in the Sky’ (pictured above) is a stunning photograph of Nairobi’s skyline lit up against the backdrop of New Years’ fireworks. In April 2018, this work by Reinhard Mue aka Rey Matata was unlawfully copied and used by Law Society of Kenya (LSK). In June 2018, Reinhard wrote to LSK complaining about infringement of the rights to his copyright work and threatened to take legal action. To-date, LSK and its elected leaders have failed to respond to Reinhard at all, either formally or otherwise. As a member of LSK, this blogger is disappointed that the LSK leadership has allowed such a straight-forward matter to become a public spectacle.

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Mobile Developer Claims Copyright over Songa Music App by Safaricom, Radio Africa

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The recently reported High Court case of Evans Gikunda v. Patrick Quarcoo & Two Others [2018] was born out of a business deal gone bad. At the heart of this dispute is a music application (app) that the plaintiff (Gikunda) claims to have conceptualised, designed and developed between 2012 and 2016. However Gikunda joined the employ of the 2nd Defendant (Radio Africa Group Limited) in 2013 where the 1st Defendant (Quarcoo), the Chief Executive at Radio Africa, ‘persuaded Gikunda to partner with him to ensure that the product gets to market’.

According to Gikunda, Quarcoo proposed that that once Radio Africa’s Board of Directors sanctioned its participation in his app, they would share out the ownership of the app as follows: Radio Africa – 40%; Gikunda- 30%; Quarcoo- 20%; and the remaining 10% to a strategic partner. However, in mid-2016, Gikunda resigned from Radio Africa after which he alleges that Quarcoo and Radio Africa sold the app, without his knowledge, to the 3rd Defendant (Safaricom).

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Join Creative Commons Kenya Chapter: Meet-up This Friday 29/06 at CJ’s

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This Friday 29th June 08:00-09:00am you are all invited for an informal meet-up to discuss formally setting up the Creative Commons (CC) community in Kenya as a CC Chapter. As some may know, the CC Global Network is going through a restructuring process and the reorganisation of country teams into chapters is a part of this process. As such, CC would like to invite everyone interested to join this process. To this end, CC HQ has put together a toolkit to guide country teams through the process of setting up a chapter.

In the meantime, you are all invited to formally register as members of the CC Global Network by signing up at http://network.creativecommons.org.

Finally, feel free to connect on the CC Kenya WhatsApp group which you can join through this link: https://chat.whatsapp.com/4Eyf9KDh8Mq7dh5veOh7sn

Ten Years Later: Dismal Performance Scorecard for Kenya’s Anti-Counterfeit Agency

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In 2008, Anti-Counterfeit Agency (ACA) was birthed as Kenya’s TRIPS-plus experiment to spearhead intellectual property (IP) rights enforcement by coordinating efforts among various state agencies. In our humble opinion, ACA deserves no score higher than 3/10 for its performance in fulfilling its overall statutory mandate in Kenya.

It was envisioned that ACA would be a shining example of an inter-agency approach to IP rights enforcement with private sector coordination. Ten years later, it is safe to say that ACA has failed to live up to its potential. The reason? Two words: Institutional Corruption.

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For the Second Time, Sony Trade Marks Case Goes to the Court of Appeal

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Since 2014, we have chronicled on this blog here, here and here an interesting trade mark dispute in Kenya between local company Sony Holdings and Japanese electronics maker Sony Corporation. This blogger is reliably informed that an appeal has already been filed in the Court of Appeal against last month’s decision of the High Court in the reported case of Sony Corporation v Sony Holding Limited [2018] eKLR. In order to discern the likely grounds of appeal, it is important to consider this recent judgment made by the High Court.

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