#ipkenya Weekly Dozen: 03/08

China loves Africa Art by Michael Soi Kenya 2018

  • A Kenyan painter’s art questions China’s deepening reach in Africa [Quartz]
  • Implementing AfCFTA: When and How? [tralac]
  • Draft ICANN Africa Strategic Plan 2016-2020 Version 3.0 [Have Your Say]
  • How to sue a plagiarist – an opinion on the law and plagiarism [Stellenbosch]
  • Interesting end to Crown Hotel-Crowne Plaza Trade Mark Dispute [Addis Fortune]
  • South Africa: Fostering technology innovation [Cape Town]
  • Kenya: What happened to the boy who chased away the lions? [BBC]
  • Zambia: Government urges users to take up ZARRSO licences [IFRRO]
  • Ethiopia: New legislation for plant breeders’ rights [A+ Bunch of Lawyers]
  • African thought leaders on the Berkman Klein list of 2018-2019 Fellows [Harvard]
  • Vacancies: Development, Innovation & IP @ The South Centre [Apply Now]
  • WIPO Indigenous Fellowship Program [Deadline September 21, 2018]

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!

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#ipkenya Weekly Dozen: 27/07

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  • Improving creators’ royalty collections in Africa: CMOs gather in Abidjan for CISAC’s Africa Committee [Official]
  • Figures of the week: Africa’s energy innovation landscape [Brookings]
  • 5th Global Congress on IP and the Public Interest, Sept 27-29 Washington DC [Register Now]
  • Nigeria announces national airline, didn’t register domain names [iAfrikan]
  • South Africa’s Proposed Copyright Fair Use Right Should Be A Model For The World [InfoJustice]
  • Kenya: MCSK asks MPAKE to stop collecting royalties [Pot Calling Kettle]
  • Africa Has an ‘Uber’ Opportunity to Disrupt Farming Technology [AGRA]
  • Poor e-commerce policies slow the uptake in Africa [The Star]
  • How broke public universities can change fortunes [Captain Obvious]
  • Does the fourth industrial revolution call for a sui generis form of IP protection? [A+ Bunch of Lawyers]
  • Comesa to set up team on digital free trade area [East African]
  • Time for a Sui Generis Technology Importation Right? [Afro-IP]

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!

3, 2, 1: Action as Film Regulation Moves to ICT Ministry

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Last month, the President signed Executive Order No. 1 of 2018 on the Organisation of Government which, inter alia, assigned functions and institutions among Ministries and State Departments. One interesting new change in the structure of the Government is that Kenya Film Classification Board (KFCB) and Kenya Film Commission (KFC) are now listed under the State Department for Broadcasting and Telecommunications in the ICT Ministry. In addition the Ministry’s functions now includes overall responsibility for policies on film development in Kenya and the development of the country’s film industry.

This may all seem like a mundane bureaucratic detail but in reality it may well represent a fundamental shift in Kenya’s approach to the development of the creative economy and the important contribution of the film industry. But like every good story, there is a plot twist: the only thing that KFCB and KFC seem to agree on is that they are better off separate than together. Lately, the two lead film agencies have been at loggerheads (see video clips here and here) over how best the film industry should be regulated for the development of this vital pillar of the creative and cultural industries.

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Behold, The Inter-Agency Anti-Illicit Trade Executive Forum and Technical Working Group

Kenya Gazette July 2018 Inter-Agency Anti-Illicit Trade Executive Forum and Technical Working Group Ministry Industry Trade

The recently formed Inter-Agency Anti-Illicit Trade clique sounds like it could have been a WhatsApp group. In last Friday’s Kenya Gazette, the Minister at the time announced the establishment and appointment of both an Inter-Agency Anti-Illicit Trade Executive Forum (23 members in total) and an Inter-Agency Anti-Illicit Trade Technical Working Group (24 members in total). The Executive Forum and Technical Working Group are apparently expected to deliver on the President’s Big 4 Agenda pillar of enhancing manufacturing so that the sector contributes 15% to the country’s Gross Domestic Product (GDP) from 9.2% in 2016.

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#ipkenya Weekly Dozen: 06/07

WIPO GII 2018 Dg3UBxgU8AAcHOu

  • The Global Innovation Index (GII) 2018 to be released next week [You’re Invited]
  • What the WTO decision on plain packaging means for developing countries [devex]
  • Time for a bioeconomy in Africa [ICIPE]
  • How fab labs help meet digital challenges in Africa [The Conversation]
  • Lionel Messi: Image Rights, International Financial Flows, Tax Havens and its Impact on Africa and Kenya [Academia]
  • Uganda’s Troubling Social Media Tax [HRW]
  • Kenya’s Digital Taxi Services Paralyzed, Strike Enters 4th Day [VOA]
  • Comment on South Africa’s Copyright Amendment Bill Until 18 July [PEN SA]
  • On the 36th Session of the WIPO – IGC: An Interview with Professor Chidi Oguamanam [Flora IP]
  • Ghana’s Copyright Administrator ordered to release funds to Audio-Visual Rights Society [GNA]
  • Intellectual Property Issues in Access and Benefit-sharing Agreements [WIPO]
  • Governance Issues of Nigerian Music Collecting Society, COSON Continues [Afro-IP]

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!

Fire in the Sky: Law Society Shamelessly Remains Mum in Copyright Claim

‘Fire in the Sky’ (pictured above) is a stunning photograph of Nairobi’s skyline lit up against the backdrop of New Years’ fireworks. In April 2018, this work by Reinhard Mue aka Rey Matata was unlawfully copied and used by Law Society of Kenya (LSK). In June 2018, Reinhard wrote to LSK complaining about infringement of the rights to his copyright work and threatened to take legal action. To-date, LSK and its elected leaders have failed to respond to Reinhard at all, either formally or otherwise. As a member of LSK, this blogger is disappointed that the LSK leadership has allowed such a straight-forward matter to become a public spectacle.

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Ten Years Later: Dismal Performance Scorecard for Kenya’s Anti-Counterfeit Agency

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In 2008, Anti-Counterfeit Agency (ACA) was birthed as Kenya’s TRIPS-plus experiment to spearhead intellectual property (IP) rights enforcement by coordinating efforts among various state agencies. In our humble opinion, ACA deserves no score higher than 3/10 for its performance in fulfilling its overall statutory mandate in Kenya.

It was envisioned that ACA would be a shining example of an inter-agency approach to IP rights enforcement with private sector coordination. Ten years later, it is safe to say that ACA has failed to live up to its potential. The reason? Two words: Institutional Corruption.

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