The New Face of Creative Commons in Kenya

Elizabeth Oyange By Rori! Comics for UnCommon Women, CC BY

The inaugural meeting of the Creative Commons (CC) Kenya Chapter was held on 25 July 2018. This meeting marked the transition of the CC community in Kenya into a CC Country Chapter. A key agenda item was the election of several officials to manage the affairs of the CC Kenya Chapter. As readers of this blog may know, the Creative Commons community in Kenya was previously organised using an ‘Affiliate’ model with two Leads, a Public Lead (based at CIPIT – Strathmore University) and a Legal Lead (based Kenya Law i.e. National Council for Law Reporting).

Under the new structure, the Creative Commons Global Network (CCGN) co-ordinates and provides leadership in the global CC movement. The Global Network Council (GNC) is the governing and decision-making body of the CCGN. It consists of elected representatives of all CC Country Chapters and representatives from CC HQ. CC Chapters serve as the central coordinators of the work of the individuals and institutions participating within a country in support of the CCGN. As such, all those interested in becoming members of CC must register here either as Network Members or Network Partners (for Institutions) and belong to a Country Chapter.

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Kenafric ‘Fuma’ Footwear Denies Counterfeiting Claims by Puma

Kenafric Fuma Footwear

This blogger has previously blogged here and here about Kenafric’s fatal attraction to well-known trade marks, to put it mildly. The latest victim of Kenafric’s attraction is none other than Puma AG Rudolf Dassler Sport (Puma for short). In this connection, this blogger came across a recent ruling in the case of Kenafric Industries Limited & another v Anti-Counterfeit Agency & 3 others [2015] eKLR.

In this case, Puma through its representative Paul Ramara lodged complaints at Anti-Counterfeit Agency (ACA) against Kenafric for trade mark infringement. ACA and Ramara went to Kenafric’s premises and demanded to check the same for goods in the name of Puma a demand Mikul Shah a director at Kenafric declined to comply with due to the fact that his company had not been served with any Court order directing the said search and entry. Consequently, Shah was arrested, taken to Ruaraka Police Station and charged with the offence of obstruction and released on bond.

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Remuneration Rights vs. Exclusive Rights: IFPI, SCAPR, Kenya Copyright Board Clash over Removal of Section 30A

music recording studio

The International Federation of Musicians (FIM) reports that powerful record label umbrella body International Federation of the Phonographic Industry (IFPI) has written to Kenya Copyright Board (KECOBO) demanding the removal of Section 30A of Kenya Copyright Act. (See our previous discussions of section 30A here)

According to FIM, the criticism of section 30A by IFPI is an unacceptable “step backwards, the implication of which is that all treaties guaranteeing artists’ rights would be made devoid of any meaning (Rome Convention, WPPT, Beijing Treaty).”

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