#ipkenya Weekly Dozen: 15/06

Matthew Inman Oatmeal World Cup 2018 DfmH7qZVMAAkmZe

World Cup 2018 starts this week!

  • ARIPO holds the Second Symposium on Copyright and Related Rights [Official]
  • Tete Goat – First Geographical Indication of Mozambique [Inventa]
  • Namibia introduces new Industrial Property Act [A+ Bunch of Lawyers]
  • Competition Authority confirms Egypt’s right to air 22 World Cup games [Egypt Today]
  • Should Africa let Silicon Valley in? [The Guardian]
  • Kenya to publish draft data protection bill this month [Reuters]
  • Rethinking Uganda’s State Brand Strategy Using Intangible Assets [Amani IP Network]
  • Restriction on Parallel Imports Gets Red-Lighted By Competition Authority of Kenya [BD Africa]
  • Stolen melodies: Copyright law in Africa [Deutsche Welle]
  • Rwanda: Experts call for autonomous Intellectual Property office [The New Times]
  • Kenya: Sharing books online kills creativity, it’s outright theft [One-sided coin]
  • Anti-Counterfeit Agency Insults Intelligence of Stakeholders at ‘Consultative Forum’ on Proposed IP Law [Shameless Plug]

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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2018 Proposed Amendments to The Industrial Property Act

2018 Amendments to Industrial Property Act Kenya KIPI

The Statute Law (Miscellaneous Amendments) Bill, 2018 seeks to make various, wide-ranging amendments to the existing intellectual property (IP) law-related statutes. The Bill contains proposed amendments to the following pieces of legislation: The Industrial Property Act, 2001 (No. 3 of 2001), The Copyright Act, 2001 (No. 12 of 2001), The Anti-Counterfeit Act, 2008 (No. 13 of 2008) and The Protection of Traditional Knowledge and Cultural Expressions Act, 2016 (No. 33 of 2016). The Memorandum of Objects and Reasons for the Bill is signed by Hon. Aden Duale, Leader of Majority in the National Assembly and it is dated 29 March 2018. This blogpost will focus on the proposed changes to The Industrial Property Act (IPA).

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Trade Mark vs Company Name Registration: Innscor Int. Battles Rwandan Companies, Pizza Inn Ltd and Chicken Inn Ltd

innscor-international-rwanda-trademark-pizza-inn-chicken-limited-image-by-nlipw

In a recent media report here, the Commercial Court of Nyarugenge in Rwanda has ruled that it will not proceed with a case filed by Innscor International accusing two local companies Chicken Inn Limited and Pizza Inn Limited of trademark infringement in Rwanda. The basis of this ruling was reportedly that Innscor had not demonstrated to the court that it had “legal status according to the law governing registered entities in Rwanda”. Technicalities aside, it is clear that once Innscor produces its certificate of incorporation in court, this case would proceed to consider the merits of Innscor’s claim (as illustrated by the picture above), namely that registration of a name as a company name by entity A should not trump any rights in such a name acquired previously by entity B through trade mark law.

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ARIPO Copyright Office Publishes Survey Findings on Status of African Collective Management Organizations

aripo member states map africa intellectual property regional organization copyright CMO survey

On the eve of its 40th anniversary, the Harare-based African Regional Intellectual Property Organization (ARIPO) has recently published the findings of a survey on collective management organisations (CMOs) conducted among its member states. A copy of the survey is available here. In the foreword, ARIPO Director General Mr. Fernando Dos Santos explains that:

“The findings [of the survey] indicate that CMOs in the ARIPO Member States are growing in numbers. It was also found that there is growth in collections of royalties and distributions. However, CMOs are also facing challenges which include insufficient or lack of awareness of copyright laws by users and the general public, users’ unwillingness to pay royalties, piracy of the copyrighted works, inadequate resources and manpower within the CMOs and inadequate availability of technologies that can be used by the CMOs.”

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High Court Upholds Freeze of Collecting Society’s Bank Accounts: Ruling in MCSK v Chief Magistrate, Inspector General

Music-Copyright-Society-of-Kenya-MCSK-CEO-Maurice-Okoth People Daily

This blogger has recently come across an astute ruling by the High Court in the case of Music Copyright Society of Kenya v Chief Magistrate’s Court & Inspector General of Police [2015] eKLR. Justice L. Kimaru sitting in the High Court was approached by the authors’ collecting society, Music Copyright Society of Kenya (MCSK) to stay orders issued by the Magistrate’s Court freezing all the bank accounts of MCSK following a request by the Serious Crimes Unit under the Directorate of Criminal Investigations (DCI). DCI requested that MCSK’s accounts be frozen as it investigates complaints made by MCSK members in regard to alleged misappropriation and theft of funds at the collecting society.

After carefully evaluating the facts before him, Kimaru J ruled that the investigations were lawful and based on several complaints received by DCI from MCSK members and that the orders to freeze MCSK’s accounts were within the precincts of the law.

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Reminder: Kenya Industrial Property Institute Open Day – 28 Feb 2014

Kenya’s Patent and Trademark Office – KIPI – will hold its Open Day at the Kenyatta International Conference Centre (KICC) on February 28, 2014 from 8:00am to 5:00pm.

The purpose of the Open Day is to increase public awareness on intellectual property through educating members of the publc on the importance of registration and protection of their patents, trade marks, industrial designs and utility models.

As many may know, KIPI is a state corporation mandated by law to:
1) Consider applications for and grant industrial property rights i.e. patents, trade marks, industrial designs and utility models
2) Screen tech transfer agreements and licenses
3) Provide to the public industrial property information for tech and economic development; and
4) Promote inventiveness and innovativeness in Kenya.

KIPI has organised this Open Day in partnership with other stakeholders and collaborators in the field of intellectual property who will also be exhibitors during the event. This will definitely provide a great opportunity for KIPI and other players in the IP arena to meet and interact with innovators and entrepreneurs as well as the public at large

IPKenya encourages all those interested in this event to save the date and in case of any queries, contact KIPI’s Corporate Affairs Office on 0720732707 or 0720578915.

New Kenya Intellectual Property Office Expected in 2014

Daily Nation Cover November 19 2013

As discussed previously by this blogger here, the Kenyatta Administration is keen on overhauling the operations of state corporations in Kenya. It was initially reported that the Presidential Taskforce on Parastatal Reforms (PTPRs) was proposing that the three main Intellectual Property agencies that KECOBO, KIPI and ACA be merged to form a single state corporation.

The Taskforce submits that its proposed reforms are benchmarked on reform initiatives conducted in several jurisdictions including South Africa, Australia, New Zealand, Singapore, Malaysia, China, Nigeria and the United Kingdom. From a IP perspective, it is important to note that the Taskforce report recommends the merger of KECOBO, KIPI & ACA to form Kenya Intellectual Property Office (KIPO).

Recently, the Report by PTPRs was released to the public and a copy of this report is available online here.

According to the Report, all entities previously known as State Corporations shall henceforth be known generally as Government Owned Entities (GOEs). These GOEs have been clustered in four (4) broad classifications as follows:

1. State Corporations: These entities shall be incorporated and managed under the Companies Act Chapter 486 and include: a) Commercial State Corporations; and b) Commercial Corporations with strategic functions that are to be defined through the national development planning process

2. State Agencies: These entities include: a) Executive Agencies; b) Independent Regulatory Agencies; c) Research Institutions, Public Universities, Tertiary Education and Training Institutions

3. County Corporations

4. County Agencies

The Taskforce Report recommends that the Government implement a Centralized Ownership and Oversight Model of all GOEs. The shareholding role for commercial entities shall however be exercised directly by the National Treasury through a Holding Company, the Government Investment Corporation (GIC), which the National Treasury shall incorporate under the Companies Act.

The overarching legal framework governing national government owned entities as well as County Corporations and Agencies will be the Government Owned Entities Bill 2013. This Bill, once enacted, will supersede all current legislation governing State Corporations on matters of governance and include all subsidiaries of Government Owned Entities (GOEs). The Bill will also repeal all individual enabling legislations and recognize the unique characteristics of national State Corporations, national State Agencies, County Corporations, and County
Agencies.

From an IP perspective, the report recommends the creation of a new State Agency to be known as the Kenya Intellectual Property Office (KIPO).

The report at page 107 reads as follows:

Copyright Law and Law Reform

In copyright protection and enforcement the government has established Kenya Industrial Property Institute, Kenya Copyright Board and Anti-Counterweight (sic) Agency. These
institutions sit in each others’ Board of Directors. Best practice has shown that the functions undertaken by the three agencies complement each other and are domiciled in one institution in many countries. It is therefore recommended that the Kenya Copyright Board (KECOBO), Kenya Industrial Property Institute (KIPI) and the Anti-Counterfeit Agency (ACA) be merged into a new State Agency to be known as the Kenya Intellectual Property Office (KIPO).”

It can only be assumed that the Taskforce is referring to IP Law, IP protection and enforcement and not only copyright as erroneously stated in the Report.

On page 192 of the Report, KIPO is classified as an Executive Agency under the broad category of State Agency. The Report elaborates that the enabling legislation for KIPO is yet to be drafted. Finally the Report states that KIPO will be a State Agency under the Cabinet Secretary of Industrialisation and Enterprise Development.

Media reports indicate that President Kenyatta has directed that the recommendations in the Report be implemented in three months time. To this end, Kenyatta directed that a government-led Entities Reforms Implementation Committee would be established to facilitate, oversee and monitor implementation of the Report’s recommendations.