Book Review: Intellectual Property Law in East Africa by Prof. Bakibinga and Dr. Kakungulu

Intellectual Property Law in Uganda East Africa LawAfrica Cover 2016

Over the past five years, this blogger has not had the opportunity to write a single book review because no texts on intellectual property (IP) law have been published in the East African region. We now have our very first text to review: “Intellectual Property Law in East Africa” recently published by LawAfrica Ltd and written by David Bakibinga and Ronald Kakungulu, both from Uganda’s Makerere University School of Law.  The description on the back of the book (presumably authored by the publisher) reads in part that: “The text deals primarily with the law relating to intellectual property protection in Uganda (…) Throughout all the chapters reference is made to the corresponding Kenyan and Tanzanian laws and relevant cases in order to give the reader a regional appreciation of the subject. Intellectual Property Law in Uganda is aimed at students pursuing intellectual property law courses in Ugandan and East African Universities as well as peripheral students of intellectual property in the humanities as well as natural,technological and health sciences disciplines. It will also be useful to legal practitioners in the field of intellectual property as a ready reference on the subject.”

As readers may have already noted, the title of the book is confusingly referred to both as “Intellectual Property Law in Uganda” and “Intellectual Property Law in East Africa” on the spine, front cover and back cover of the book. So as not to judge this book by its cover, this blog briefly examines the contents of this 260 paged paperback text to establish whether it is a book on IP Law in Uganda or a book on IP Law in East Africa or something else altogether.

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Some World Intellectual Property Day 2015 Posters from Africa

Map of World Intellectual Property Day 2015 Events

As the world prepares to mark World Intellectual Property (IP) Day this Sunday April 26th 2015, this blogger has come across several World IP Day posters from around the continent created to reflect this year’s theme: “Get Up. Stand Up. For Music”. According to the map of World Intellectual Property Day 2015 Events by World Intellectual Property Organization (WIPO), there are only sixteen (16) confirmed World IP events being held in ten (10) countries across the continent. This blogger reckons that this represents a low turn-out by IP stakeholders across Africa’s fifty four (54) states given this year’s World IP Day theme and the importance of World IP Day activities and events for awareness creation and public sensitisation.

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New Study on Patent, Utility Model and Industrial Design Activity in Kenya from 1990 to 2014

The Scinnovent Centre

The good folks over at The Scinnovent Centre have just published a new study titled: “Industrial Property Rights Acquisition in Kenya: Facts, figures and trends”. This March 2015 study was carried out with the aid of a grant from the International Development Research Centre (IDRC) with the partnership, support and guidance of Kenya Industrial Property Institute (KIPI) and National Commission for Science, Technology and Innovation (NACOSTI). The study used KIPI’s database of all industrial property applications and grants since its inception in 1990 to date (2014) and sought to answer four key questions: (i) Where do the inventions come from? In other words who owns the industrial property protected in Kenya? (ii) How does foreign (international) applicants compare with national (domestic) applications? (iii) In which economic sectors are the most industrial property applications registered? (iv) what are the key challenges/ bottlenecks faced by the applicants?

The data analysed in the study consists of the records of KIPI registry database on the filings, grants and registration of the IP protections for patents (1990 – 2013); utility models (1993 – 2013) and industrial designs (1991 – April 2014). The samples consisted of 2388 patents, 396 utility models and 1392 industrial designs. The study does not include data relating to patent, utility model and industrial design applications filed and granted through African Regional Intellectual Property Organization (ARIPO).

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International Women’s Day: Celebrating African Women Leaders in Intellectual Property

Angélique Kidjo won her 2nd Grammy Award in 2015. The world renowned Beninoise singer-songwriter is Vice President of the International Confederation of Societies of Authors and Composers (CISAC). CISAC is the umbrella body for copyright societies worldwide.

Angélique Kidjo won her 2nd Grammy Award in 2015. The world renowned Beninoise singer-songwriter is Vice President of the International Confederation of Societies of Authors and Composers (CISAC). CISAC is the umbrella body for copyright societies worldwide.

Celebrated globally on 8th March, this year’s International Women’s Day highlights the Beijing Declaration and Platform for Action, a historic roadmap signed by 189 governments 20 years ago that sets the agenda for realizing women’s rights. The official United Nations theme for International Women’s Day 2015 is “Empowering Women – Empowering Humanity: Picture It!”

“When we unleash the power of women, we can secure the future for all” – United Nations Secretary-General Ban Ki-moon in his message for International Women’s Day 2015.

To mark this year’s International Women’s Day (#IWD2015), this blogger has compiled a list of some of the (influential) women (leaders) in intellectual property (IP) from Kenya and throughout English-speaking Africa. The women listed below (in no particular order) are primarily drawn from IP offices, academia, non-governmental organisations and the IP legal fraternity.

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African Regional Intellectual Property Organization Launches New Online System

african regional intellectual property organization aripo online service

African Regional Intellectual Property Organization (ARIPO) has announced the launch of its web-based Intellectual Property (IP) Administration System under POLite+ – the ICT Infrastructure Modernization Project sponsored by Korea International Cooperation Agency (KOICA).

During the launch, ARIPO reports that new paper-based applications for patents, industrial designs, trademarks, utility models and search requests domains and notifications or documents associated to IP applications were captured into the system successfully.

ARIPO remarks that: “It is indeed a very happy moment for ARIPO and this milestone has put the Organization on the global map and in line with sister organizations that also use advanced IP administration systems.”

According to ARIPO, the overall system, when fully functional, will consist of:

– Online Services (eservice.aripo.org): a public service module where members of the public can access to online services like Quick Search, Advanced Search, IP Forms, Journals etc without having to register with ARIPO.

– E-services: a members-only area where members will require registration and acceptance by ARIPO. This facility allows for online filing of IP files, online payment of fees, sending and receiving notifications and general tracking of filed applications.

The e-filing system will be opened to the users on the 9th of March 2015 and it is therefore advisable for users to sign-up in advance for this service.

For now, following menus are available on ARIPO’s online service page here:

– Sign Up
– IP Digital Library
– Information
– Fee Schedule
– User Guide

This blogger congratulates ARIPO on this “great achievement”!

Are Intellectual Property Lawyers in Kenya Undercutting by Charging Less in Legal Fees?

supreme-court-fountain-kenya

This blogger recently received the following communication from the Law Society of Kenya (LSK):

UNDERCUTTING

The Council of Law Society of Kenya wishes to draw the attention of members to the provisions of paragraph 4 of The Advocates (Remuneration) (Amendment) Order 2014 which provides as follows:-

“4. An Advocate shall not agree or accept his remuneration at less than provided for by this Order.”

It has come to the attention of the Council that some law firms and advocates are undercutting by charging less than what is provided for under the order.

We are in the process of investigating the various complaints. Any member involved should know that this amounts to professional misconduct.

APOLLO MBOYA, HSC
SECRETARY/CEO

As many may know, the Advocates Act empowers the Chief Justice and President of the Supreme Court to make orders relating to the remuneration of Advocates for both contentious and non-contentious work. This section is the basis for the Advocates Remuneration Order which sets the minimum charges that an Advocate may charge for services. The Order was recently amended through Legal Notice No. 35 dated April 11, 2014. Curiously, LSK have not uploaded a copy of the Advocates (Remuneration) (Amendment) Order 2014 on their official website available here. However a copy of the Order is available on the Kenya Law website available here.

From an intellectual property (IP) perspective, Schedules 4 and 12 of the Order deal with Trade Marks and Patents, Designs and Utility Models respectively.

For instance, with regard to trade marks, the Order provides that an advocate must not charge less than Kshs. 7,500 for “taking instructions to advise on registrability of a mark or on a point of law or practice”. In a previous post here, we discussed the heightened competition among Kenyan firms with regard to trade mark practice, particularly in light of the recent 2015 WTR1000 rankings. However, this blogger submits that the fee of Kshs. 7,500 is already too low for any of the IP law firms and advocates to be engaged in undercutting. This reasoning may easily apply to other types of trade mark work such as applications, registrations, assignments etc.

With regard to patents, designs and utility models, the Order provides that an advocate must not charge less than Kshs. 25,000 to advise on patentability of an invention or registrability of an industrial design or a utility model or on a point of law or practice. This blogger submits that given the complexity of this area of industrial property work and the duration it generally takes to complete such work, it highly unlikely that any advocate or law firm would consider undercutting. However, the increased awareness among Kenyan inventors and innovators on the need to protect their industrial property may be an important factor fueling undercutting.

This blogger invites readers to share freely their views and experiences with how advocates and law firms charge for intellectual property legal services in Kenya.

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.