Legal Capacity of Distributor in Trade Mark Action: Ruling in Harleys Ltd v Ripples Pharmaceuticals Ltd & Anor

VITABIOTICS LTD UK

This blogger has recently come across the reported case of Harleys Limited v Ripples Pharmaceuticlas Limited & another [2015] eKLR. Vitabiotics Limited, a UK-based drug manufacturing company had previously engaged Ripples Pharmaceutical Limited and Metro Pharmaceuticals Limited to import, distribute and sell their products in Kenya. Thereafter, Harleys Limited became Vitabiotics exclusive distributor in Kenya. Harleys then went to court and obtained temporary orders blocking Ripples and Metro from importing, packaging, selling as well as distributing products bearing a trademark similar or confusingly similar in get-up to the trademarks owned by Vitabiotics.

The court’s ruling was focused on two main issues namely; (1) Whether or not the Harleys had legal standing/locus standi to institute the proceedings? and (2) If so, was Harleys entitled to the orders it had sought in its application?

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Anti-Counterfeit Agency Under Fire As War On Illicit Brews Continues

Anti-Counterfeit Agency ACA Chairman Polycarp Igathe Speaking at World Anti-Counterfeit Day WACD 2015 Event in Mombasa Kenya

Earlier this year, we discussed the successes of Anti-Counterfeit Agency (ACA) in thwarting judicial review proceedings filed against it in two separate cases namely “Omega Dustless Chalk” and “Zero B”. However, some of the allegations leveled against ACA in these cases raised eyebrows over the state of affairs at ACA. A welcomed development for ACA came with the recent appointment of Mr. Polycarp Igathe (pictured above) as the new Chairman of ACA Board of Directors. Igathe, CEO of Vivo Energy and formerly Chairman of Kenya Association of Manufacturers, is highly respected in the private sector and said to be committed to the fight against counterfeits in Kenya. Following Igathe’s appointment, ACA made news headlines when it announced that it had decided to send four of its senior officers on compulsory leave over allegations of gross misconduct.

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The Newly-Appointed 2015-2018 Kenya Industrial Property Institute Board of Directors

KIPI Board Members Kenya Gazette Notice Appointment 2015

The Cabinet Secretary for Industrialization and Enterprise Development who is the Minister responsible for industrial property rights in Kenya has appointed seven (7) individuals to serve as Board Directors of the Kenya Industrial Property Institute (KIPI). These appointments took effect on the 1st of July 2015 and will run for a period of 3 years.

The announcement of these appointments can be found in the Kenya Gazette (pictured above) Notice No. 4751. The new appointees are as follows:-

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ARIPO Adopts Arusha Protocol for the Protection of New Varieties of Plants

Ghana signs Arusha Protocol for the Protection of New Varieties of Plants 2015 ARIPO

The ARIPO Protocol for the Protection of New Varieties of Plants has been adopted by the Diplomatic Conference that was held in Arusha, the United Republic of Tanzania on July 6-7, 2015. Hence the name of the adopted Protocol is: Arusha Protocol for the Protection of New Varieties of Plants. A copy of the Arusha Protocol is available here.

According to ARIPO, the Arusha Protocol seeks to provide Member States with a regional plant variety protection system that recognizes the need to provide growers and farmers with improved varieties of plants in order to ensure sustainable Agricultural production. Eighteen Member States of the Organization were represented at the Diplomatic Conference namely; Botswana, The Gambia, Ghana, Kenya, Liberia, Lesotho, Malawi, Mozambique, Namibia, Rwanda, São Tomé and Príncipe, Sierra Leone, Sudan, Swaziland, United Republic of Tanzania, Uganda Zambia and Zimbabwe.

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High Court Suspends New Tobacco Packaging Regulations: Ruling in British American Tobacco Kenya Ltd v. Cabinet Secretary for Health & 2 Ors

British American Tobacco Kenya

Previously, this blogger discussed here the Tobacco Control Regulations 2014 made by the Cabinet Secretary for Health published under Legal Notice No. 169 of 2014 in the Kenya Gazette Supplement 161, Legislative Supplement No. 156 of 2014 and scheduled to take effect on 1st June 2015. In a recent development, the High Court has delivered a ruling in the case of British American Tobacco Kenya Ltd v Cabinet Secretary for the Ministry of Health & 2 others [2015] eKLR ordering that the implementation of these Regulations be temporarily suspended.

British American Tobacco (BAT), the Petitioner, moved the Constitutional and Human Rights Division of the High Court under certificate of urgency for various conservatory orders staying the coming into force and implementation and/or operation of the Tobacco Control Regulations 2014. Among BAT’s list of grounds for seeking the conservatory orders, there was a claim that the implementation of certain requirements in the Regulations would result in an infringement of intellectual property (IP) rights held by BAT.

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“PANASUPER” Trademark Fraudulently Registered in Uganda: Judgment in Muse Af Enterprises Co. Ltd v. Billen General Trading Ltd & 2 Ors

PANASUPER PANASONIC TRADEMARK

This blogger has come across a recent judgment from Uganda’s Commercial Court in Muse Af Enterprises Co. Ltd Vs Billen General Trading Ltd & 2 Ors [2015] UGCOMMC 88. In this case, Muse filed an application for registration of the PANASUPER trademark in Uganda on 3rd August 2006 but the application was opposed by Matsushita Electronic Industrial Co. Ltd of Japan, the registered proprietors of Trademarks No. 25731 and 28536 PANASONIC. Since the registration of the trademark had been opposed, Muse requested a power of attorney from Linyi Huatai. The PANASUPER trademark was subsequently registered after URSB delivered a ruling disposing of the opposition of the trademark.

Later, Muse filed suit against Linyi Huatai and their local agent Billen for trademark infringement. However Linyi Huatai claimed that Muse had fraudulently registered the PANASUPER trademark in its own name. Linyi Huatai asked the court to cancel the registration of PANASUPER and claimed damages from Muse.

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