Kenya continues to witness a steady exponential growth of internet access. The Communications Authority of Kenya (CA), in its Third Quarter Sector Statistics Report for the Financial Year 2017/2018 notes that, “(Kenya’s) total data/Internet subscriptions grew (from the last review) by 8.2 percent, to record 36.1 million subscriptions (up) from 33.3 million recorded during the second quarter of the same financial year.”The report further highlights the total internet subscriptions as standing at 36.1 million subscriptions as at March 2018, growing from the previous 25.7 million in March 2017. The CA attributes the growth in internet subscription to the proliferation of smart phones used to access video on demand, games, music, news and social media sites; which content is protected by copyright.Continue reading
This brief considers three instances in which social media has proved an important arena for the creation and dissemination of the value embedded in intellectual property. The first two are decided cases whereas the last is a reported market event. The brief concludes with an overview of the relevance of these cases to the discussion on intellectual property and social media.Continue reading
CIPIT’s bi-annual moot competition aims to be innovative and to attract teams from across East Africa, and the 2018 edition was no exception. This year’s edition was particularly significant being the first moot in Sub-Saharan Africa to focus on Information Technology(IT) Law. The 2018 moot problem addressed the complexities of innovation, privacy and data protection in jurisdictions that operate in a legal vacuum with respect to data privacy. Therefore, participating students were able to interact with the topics of privacy and data protection and grapple with the ambiguities these cutting-edge issues pose in the legal field. This was also an excellent opportunity for CIPIT to highlight the trickle- down effect of innovations to the recurring concerns of data protection, and to nurture the interest of the young generation in IT law and policy.Continue reading
Allan Mukuki, CIPIT Moot, Data Protection, Isaac Rutenberg, Liz Lenjo, Luis Franceschi, Mercy Mutemi, Mugambi Muhavi, Philip Kyoma, Strathmore University, Swaleh Hemed Wengo, The Final, Uganda Christian University, Victoria Gitau
The Matter of Mangala & WAP -vs- The Guacamole Republic of Avocado (GRA)
As promised, here is the account of the recently concluded CIPIT ICT Moot. Held every two years, the competition attracts teams across East Africa. It is the only one in the mooting calendar this part of Africa that has information technology and intellectual property as subject matters. This allows competitors to engage with contemporary issues, as was the case in this year’s edition. Data protection has not been legislated extensively in Kenya. The resulting lacuna forces the litigant to think outside the box and try to find viable and practical solutions to technology related problems oft outside the purview of lawyers.
“There will be winners, and there will be losers…” were the words of the Dean of the Strathmore Law School to end his address to the participating teams during the second biennial CIPIT moot. This author is sure that nothing rung truer in the minds of the eager young faces looking at him.Continue reading
From the Editor:
CIPIT held its biennial moot on 11th and 12th of October 2018. In total there were 13 teams in attendance, with about half of the teams hailing from Uganda. In the coming weeks, the CIPIT team will provide a full play by play account of events. Before that however, we would like to acknowledge one of the teams that participated.
The University of Nairobi Team comprising of the Kanyangi twins (so any confusion in the above image is regretted but understandable) and Jackline Sang wrote to us, grateful for the wonderful experience they had during the moot. Truth be told, it is the CIPIT team that is in gratitude for their attendance and their thoughtful letter. Here is their account of the moot, viva voce…
“It was a great privilege to participate in the recently concluded CIPIT 2018 moot competition. From the very onset it was exciting to engage with teams from universities around the country and Uganda. The moot concerned the right to privacy and data protection. Of specific emphasis was the disclosure of health data to third parties and the use of such information to peddle advertisements on the accounts of Wika virus victims.Continue reading
The theme for this year’s World Intellectual Property (WIP) Day on 26 April is ‘Powering change: Women in innovation and creativity’. According to the World Intellectual Property Organization (WIPO), this year’s WIP Day campaign ‘celebrates the brilliance, ingenuity, curiosity and courage of the women who are driving change in our world and shaping our common future.’ The UN specialised agency in charge of intellectual property (IP) urges its member states ‘to reflect on ways to ensure that increasing numbers of women and girls across the globe engage in innovation and creativity, and why this is so important.’ In Kenya, many observers note that women remain significantly underrepresented in Science, Technology, Engineering and Mathematics (STEM) despite the country’s significant progress in achieving gender parity in education.
On 28 February 2018, the Centre for Research in Art, Humanities and Social Sciences at the University of Cambridge continued its seminar series on ‘Open Intellectual Property (IP) Models of Emerging Technologies and Implications for the Equitable Society’. The topic of the seminar was ‘Open IP in emerging and developing economies’ where the goal was to examine whether emerging and developing economies have an opportunity to take a radical approach to intellectual property (and also collaborative innovation practices) when it comes to areas like manufacturing, green tech, biotech and computing/artificial intelligence. If so, what could that look like and what would it mean for equitable and sustainable development? The speakers during this seminar included: Elisabeth Eppinger (Freie Universität Berlin); Kenneth Huang (National University of Singapore) and Valeria Arza (CENIT). The presentation made on behalf of Open African Innovation Research (Open AIR) was on our on-going work on open and collaborative innovation in and around high-tech hubs in Africa, particularly if/how they are using IP to facilitate openness.
The Computer and Cybercrimes Bill 2017 has undergone First Reading according to Parliamentary Standing Order 127 (3) and is currently committed to the Departmental Committee on Communications, Information and Innovation. The Bill proposes to provide a framework to prevent and control the threat of cybercrime. Parliament recently called for submission of memoranda on the Bill. Upon receipt of the call for memoranda, CIPIT called on members of the public to contribute their views on the bill which we have uploaded on the Jadili platform. Members of the public contributed their views on various issues as compiled here.
The Copyright (Amendment) Bill 2017 is currently pending before Parliament (Committee stage). In the Bill, there are 13 areas of changes to the Copyright Act identified as follows: Definitions; Functions of the Board; Composition of the Board; Qualifications of Executive Director; Copyright and Related Rights (Exclusive Licensing); Artist Resale Right; Copyright in Broadcasts; Rights of performers (Royalty Collection); Infringement (Intermediary Liability); Collective administration of copyright; Copyright Tribunal; Exceptions and Limitations (Fair Dealing). A copy of the Bill is available here. This blogpost will briefly highlight some of the areas of concern arising from the proposed amendments.
‘We must appreciate as a nation that the right to access information is not a fringe right to other rights in the Bill of Rights. It is integral to the democracy conceptualized by our Constitution, in that it encourages public participation, abhors secrecy in governance and above all seeks to ensure that public power delegated to leaders is not abused.’ – Judge E.C Mwita, Katiba Institute v Presidents Delivery Unit & 3 others  eKLR, at paragraph 57.
In a landmark judgment by the High Court in late 2017, Judge E.C Mwita in the case of Katiba Institute v Presidents Delivery Unit & 3 others  eKLR found that the President’s Delivery Unit (PDU) and state officers working in the Office of the President were under both a constitutional and legal obligation to allow any citizen to access information in the State’s possession since it was held on behalf of the public. In this case, civil society organisation Katiba Institute (KI) had filed a constitutional petition challenging the decision of PDU not to provide information sought by KI relating to the #GOKDelivers and #JubileeDelivers advertisement campaigns (pictured above), including dates when advertisements were done, nature and copies of advertisements, cost of advertisements and who met the cost of those advertisements.