#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!

#ipkenya Weekly Dozen: 10/08

African Telecommunications Union ATU Administrative Council Session Conference of Plenipotentiaries Kenya

  • Kenya Guns for Top ICT Positions in Africa and Globally [Official]
  • Strengthening Africa’s audiovisual sector: market intelligence is critical [WIPO Magazine]
  • Technology transfer to transform agricultural production in Africa [African Development Bank]
  • A decision-making tool for countries to implement the Multilateral System of Access and Benefit Sharing [Biodiversity International]
  • ‘My President is a Pair of Buttocks’: the limits of online freedom of expression in Uganda [Oxford]
  • Parallel imports remain a grey area for IP rights in East Africa [Captain Obvious]
  • Trademark Infringement in Nigeria: What is ‘Use in the Course of Trade’? [Afro-IP]
  • In case you missed it: You can now register copyright online in Kenya [KECOBO]
  • Industrial Property Act Comes Into Effect [Namibia Economist]
  • Scotch Whisky Association awarded a certification trademark in South Africa [the drinks business]
  • Ethiopia becoming an industrial powerhouse and future ‘Wakanda’ [Asia Times]
  • 10% of WIPO’s workforce comes from Africa [2018 Report]

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!

Through the Roof: Iron Sheet Firm Sues for Trade Mark, Industrial Design Infringement

Royal Mabati Factory Website Iron Sheet Box Profile 2018 Kenya Limited

 

In what could be a precedent-setting case for the roofing products market, a leading iron sheet manufacturer is claiming both trade mark and industrial design protection for two of its roofing brands against a smaller rival company. The recently reported ruling in Royal Mabati Factory Limited v Imarisha Mabati Limited [2018] eKLR was the courts’ first attempt to deal with industrial property protection for corrugated iron sheets widely used as roofing material known in Kiswahili as ‘mabati’. Although not clearly distinguishing between the aspects of industrial design and trade mark protection, the court was prepared to rule in favour of Royal and grant its application for a temporary injunction against Imarisha.

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Mobile Developer Claims Copyright over Songa Music App by Safaricom, Radio Africa

Songa by Safaricom SongaMusic Radio Africa Facebook Kenya 27657099_536449873389869_8836242684635148261_n

The recently reported High Court case of Evans Gikunda v. Patrick Quarcoo & Two Others [2018] was born out of a business deal gone bad. At the heart of this dispute is a music application (app) that the plaintiff (Gikunda) claims to have conceptualised, designed and developed between 2012 and 2016. However Gikunda joined the employ of the 2nd Defendant (Radio Africa Group Limited) in 2013 where the 1st Defendant (Quarcoo), the Chief Executive at Radio Africa, ‘persuaded Gikunda to partner with him to ensure that the product gets to market’.

According to Gikunda, Quarcoo proposed that that once Radio Africa’s Board of Directors sanctioned its participation in his app, they would share out the ownership of the app as follows: Radio Africa – 40%; Gikunda- 30%; Quarcoo- 20%; and the remaining 10% to a strategic partner. However, in mid-2016, Gikunda resigned from Radio Africa after which he alleges that Quarcoo and Radio Africa sold the app, without his knowledge, to the 3rd Defendant (Safaricom).

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#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!

Kenya’s Computer Misuse and Cybercrimes Bill Signed into Law

Uhuru Kenyatta signs Computer Misuse and Cybercrimes Bill into law 16 May 2018

On 16 May 2018, President Uhuru Kenyatta (pictured above) assented to the Computer Misuse and Cybercrimes Bill, 2018. The Bill was passed by the National Assembly on 26 April 2018. Readers of this blog will note that, unlike the previous Computer and Cybercrimes Bill, 2017 that was first tabled in Parliament, the Act now contains some new provisions relating to blockchain, mobile money, offences related to cybersquatting, electronic messages, revenge porn, identity theft and impersonation, as well as the newly created National Computer and Cybercrimes Coordination Committee. A copy of the Act is available here.

From an intellectual property (IP) perspective, the Act is significant for several reasons, including that it creates new offences and prescribes penalties related to cyber-infringements, it regulates jurisdiction, as well as the powers to investigate search and gain access to or seize items in relation to cybercrimes. It also regulates aspects of electronic evidence, relative to cybercrimes as well as aspects of international cooperation in respect to investigations of cybercrimes. Finally it creates several stringent obligations and requirements for service providers. Continue reading