#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!

No Similarity between “AIRTAL” and “ZYRTAL MR” Trade Marks: High Court Judgment in Pharmaken Ltd v. Laboratories Almirall S.A

ZYRTAL AIRTAL

“In the circumstances of this case accordingly, it is difficult to understand how the Registrar of Trade Marks whether under Section 14 or 15 of the Act, arrived at his conclusions. The marks are clearly phonetically and visually different and are not similar or identical. The goods are by colour, shape and size different. The goods are by constitution not identical or similar. The likelihood of the goods being dealt with by the usual public is meagre. The possibility of a confusion arising therefore is also meagre.” – Onyancha, J on 25th day of May, 2015.

This blogger has recently come across the judgment in the case of Pharmaken Limited v Laboratories Almirall S.A [2015] eKLR. A copy of the judgment is available here.
The background of this case is as follows: Pharmaken applied for registration of the trade mark “ZYRTAL MR” in class 5 for human medicine. The application was examined and later approved for advertisement. Almirall filed a notice of opposition to the registration of the mark. Almirall stated that it owns the trade mark number 39575 “AIRTAL” in class 5 which has become well known to the Kenya public. Almirall further alleged that the said application resembles their trade mark “AIRTAL” visually and phonetically and that confusion would arise in the mind of the public.

Continue reading

#TellACABoss Online Debate: Balancing Protection of Public Health and Intellectual Property in Kenya

counterfeit-drugs

This blogger has inadvertently stirred a heated debate on social media involving health activists who are actively engaging the government to review Kenya’s Anti-Counterfeit Act. This blogger alerted the twitter accounts of Aids Law Project (ALP), the Anti-Counterfeit Agency (ACA) and the CEO of ACA to an article published on the CIPIT blog by Paul Ogendi – Deputy Director at ALP. In this article ALP raised concerns on the goverment’s implementation of the High Court’s judgment in Patricia Asero Ochieng & 2 Others vs Attorney General. This landmark decision declared the Anti-Counterfeit Act unconstitutional because of its provisions affecting access to essential medicines including generics. In his twitter response, Stephen Mallowah the ACA CEO stated as follows:-

These responses by the ACA sparked off a spirited twitter campaign under the hashtag #TellACABoss where various health activists reaffirmed that the constitutional rights of people living with and affected by HIV, TB and Malaria remain threatened unless the Anti-Counterfeit Act is reviewed particularly section 2 which defines “counterfeit”.

Read the rest of this article here.