#ipkenya Weekly Dozen: 24/08

RIP Kofi Annan

  • Kofi Annan 1938 – 2018 [UN News]
  • TIDAL and MTN Uganda partner to bring music streaming to African customers [Official]
  • Unlocking Disruptive Technologies and Local Knowledge for Climate Resilience [CIF]
  • How State intervention could boost the fortunes of Kenya’s pharmaceutical sector [Captain Obvious]
  • Court Stops DStv in Nigeria [tekedia]
  • Rwandans launch first delivery drones in Africa [Ventures Africa]
  • Kenya: Anti-Counterfeit Agency digitizes operations to tame rogue business practices [Standard]
  • South Africa: Where does graffiti stand when it comes to copyright? [BIZCommunity]
  • IIPA Claims That South Africa’s Copyright Reform Bill Would Make The Country Ineligible For AGOA Benefits [Infojustice]
  • Kenyan Banks Seek Regulatory Approval to Use Blockchain Tech [Bloomberg]
  • Postdoctoral Research Fellowship: DST/NRF SARChI Research Chair: Intellectual Property, Innovation & Development [IP Unit]
  • Judges Wanted: Strathmore Law School ICT Moot 2018 [Volunteer Here]

For more news stories and developments, please check out #ipkenya on twitter and feel free to share any other IP/ICT-related items that you may come across.

Have a great week-end!

Time to Rethink Kenya Copyright Board?

KECOBO MAN

Question: What do the proposed amendments to the Copyright Act in 2017 and 2018 both have in common? Here’s a hint, it has to do with Kenya Copyright Board (KECOBO). In 2017, the Copyright Amendment Bill proposed changes to the functions of the Board, composition of the Board and qualifications of the Executive Director whereas the recently tabled 2018 Bill proposes specific changes to KECOBO Board Membership. Arising from these two sets of proposals less than a year apart, there appears to be a growing call for the repeal or overhaul of the Copyright Act with specific concerns being raised about KECOBO’s Board structure, functions and role within the copyright and related rights system.

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New Draft Kenya Trade Marks Bill and Trade Mark Rules Published for Public Comment

kenya industrial property institute kipi website notice on drafting instructions for the trade marks act and trade mark rules

In March 2015, Kenya Industrial Property Institute (KIPI) announced that it had prepared Drafting Instructions to overhaul the Trade Marks Act. These Drafting Instructions, which were published for public comment on KIPI’s website, were to be forwarded to the Attorney General’s Office for the necessary action.

This month, KIPI has published the revised Drafting Instructions repealing the Trade Marks Act along  with Drafting Instructions to repeal the Trade Mark Rules. According to KIPI, both these drafts will be forwarded to the Attorney General’s Office for drafting. In the meantime, KIPI requests for any public comments on the drafts to be sent to KIPI via email at info@kipi.go.ke on or before 30th April 2016.

Copies of the revised drafting instructions to amend the Trade Marks Act and Trade Mark Rules are here and here respectively.

Proposed Copyright Act Amendments on Liability of Internet Service Providers

kecobo kenya copyright board

In an earlier post here, this blogger discussed a set of draft amendments published by Kenya Copyright Board (KECOBO) for public comments on the subject of internet service providers (ISPs) and web blocking measures in cases of online copyright infringements in Kenya. Subsequently this blogger discussed here several comments submitted to KECOBO on the draft ISP provisions.

This week, KECOBO has published a revised set of draft amendments on ISP liability available here. KECOBO is once again requesting the public to give comments on these ISP provisions through the email account: publicforum@copyright.go.ke. In this regard, KECOBO has confirmed that it shall convene a consultative public forum on February 11th 2016 at the Auditorium of NHIF Building starting at 8:00am.

This blogpost is a commentary of the key changes in the revised draft ISP provisions from KECOBO.

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New Regulations Prohibit Registered Trade Marks as Company Names – Problem?

Companies Registry at Office of Attorney General Sheria House Nairobi by Business Daily

In an earlier post here, this blogger reported that Kenya finally enacted a new and comprehensive company law legislation. The Companies Act 2015 contains an express provision on prohibited names which states that the Registrar of Companies has the discretion not to register a company if the name applied for reservation is offensive or undesirable.

The Act states that the criteria to be used by the Registrar to determine whether a particular name is offensive or undesirable shall be prescribed by the regulations. This blogger is now pleased to report that the regulations in question have been published in the Kenya Gazette. From an intellectual property (IP) perspective, it is notable that the regulations contain a provision intended to provide greater certainty in situations where a company is registered using a name that is identical to a registered trade mark belonging to a third party.

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Nollywood, Rejoice: Nigerian Copyright Reform Draft 2015 Bill Published

Nigerian-Copyright-Commission-NCC

In November 2012, the Nigerian Copyright Commission (‘the Commission’) formally launched the Reform of the Copyright System. The key objective of the reform was to re-position Nigeria’s creative industries for greater growth; strengthen their capacity to compete more effectively in the global marketplace, and also enable Nigeria to fully satisfy its obligations under the various International Copyright Instruments, which it has either ratified or indicated interest to ratify.

Since the formal launch of the Reform, the Commission has undertaken a number of activities, including review and comparative analysis and case studies of similar national reform efforts; stakeholders’ consultations; collation of commentaries; and analysis of stakeholder feedback.

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4.7 Trillion Shillings Later and Copyright Law Still Lagging Behind

This month, Kenya made news when it joined Africa’s top 10 economies after rebasing of its gross domestic product (GDP). Kenya is now officially classified as a middle-income country after a statistical reassessment of its economy increased the size by 25.3 per cent. Kenya’s economic output was calculated to be 4.76 trillion shillings ($53.4 billion) in 2013 after the rebasing, up from 3.8 trillion shillings ($42.6 billion). This takes Kenya up to ninth in Africa’s GDP rankings from 12th, above Ghana, Tunisia and Ethiopia but below oil-producing Sudan based on a World Bank table for 2013. Kenya became the latest African country to benefit from rebasing its economy after Nigeria overtook South Africa to became the continent’s biggest economy earlier this year.

This blogpost takes a moment to consider how copyright law amendments could play a crucial role in increasing the contribution of copyright-based industries to Kenya’s GDP. In particular, this blogpost considers three main areas namely, provisions on online and digital infringement of copyright as well as collective administration of copyright.

Read the rest of this article here.