#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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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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#ipkenya Weekly Dozen: 08/06

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  • Kenya: Senate held a session with reps from the creative industries to understand how to support creativity and talent in the film industry [Web]
  • South Africa’s New IP Policy: A Human Rights Perspective [Emmanuel Oke]
  • Kenya has created an electronic registry for collateralisation of IP and other rights [The East African]
  • “I See a Boat on a River” – The Copying of Vehicular Shapes [Afro-IP]
  • Online platform to streamline collection of fees owed to Kenyan musicians [Capital FM]
  • Kenya: Artistes, hoteliers in pact to collect music royalties [Business Daily]
  • East Africa brand-owners take stake in protecting their brands [Captain Obvious]
  • Kenya: Curb book theft without killing firms [DN]
  • EA Cables cries for help over Chinese fakes [Nation]
  • Kenya: Chinese accused of cultural heist on indigenous cottage industries [Oh Boy]
  • Pay artistes’ royalties or lose licences, Sakaja warns media houses, night clubs [The Star]
  • Blockchain and IP Law: A Match made in Crypto Heaven? [WIPO Magazine]

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!

High Court Declares Section 30A of the Copyright Act Unconstitutional and CMO License Agreement Unlawful

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This blogger has come across a recent judgment in the case of Mercy Munee Kingoo & Anor v. Safaricom Limited & Anor [unreported] Malindi High Court Constitutional Petition No. 5 of 2016 delivered by Mr. Justice S.J Chitembwe on 3rd November 2016. At the heart of this Petition was the claim that section 30A of the Copyright Act is unconstitutional. This Petition raised two important issues for determination: firstly, whether the petition is ‘res judicata’ in light of two earlier decided High Court Petitions (discussed previously here and here) in which section 30A was not found to be unconstitutional and secondly, whether the amendment of the Copyright Act and introduction of section 30A is unconstitutional for failure to observe the principles of public participation.

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Proposed Draft National Music Bill: More Licenses, More Confusion and Yet Another Fund

The Music Policy Discussion on the Draft Music Bill Kenya by Francis Muchina Elani Sauti Sol MCSK KECOBO.jpg-large

The latest draft of the proposed National Music Bill has been released by the Permanent Presidential Music Commission (PPMC). PPMC requests all stakeholders and interested parties to circulate it widely and email back (to: directorppmc@gmail.com) any contributions, comments, reactions, etc for consideration and possible inclusion. A copy of the draft document is available here.

This blogpost highlights some of the key features of the PPMC draft document including an apparent conflict with existing intellectual property (IP) legislation.

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