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Reuters reports on the continuing problems faced by Somalia's central bank, which plans to revamp the country's currency in the wake of a flood of fake notes printed by local warlords and businessmen. Speaking in Kenya, the bank's director general Sharif Mohamed Hassan said that "greedy" individuals had pumped counterfeit cash into the market for years, driving the local unit to its lowest-ever level. In 1990 the Somali shilling was worth around 930 to the US dollar; by 2001 it had fallen to 14,000 and was now around 25,000 shillings to the dollar.
Writing for The New York Review of Books, Robert Skidelsky critically reviews Joseph E. Stiglitz's book "Making Globalization Work" in a clash piece entitled "Gloomy about Globalization". Skidelsky and Stiglitz (both heavyweight economists) comment on a number of issues affecting African countries, some previously reported on in this blog, including the tension between incentivising investment and R&D through robust IP regimes and access to drugs, and rules for traditional knowledge protection. 
There's a well-presented piece of journalism here in South Africa's Financial Mail, "Yellow Mettle", on the rise of telecoms company MTN, which has -- from an unpropitious beginning -- become a very major player in the region with more than 60 million users across Africa and the Middle East. The article mentions MTN's passion for covering all available space with its distinctive yellow livery.
Writing for AllAfrica, Beatrice Gachenge reviews the position in Kenya of employees who have computers at their work stations. She explains that, instead of a PC for every employee, a single PC is being used by up to 10 people. Apart from efficiency problems, which occur when several employees are unable to work each time a PC crashes, there are issues of confidentiality and personal privacy when one or more employees are able to read documents and files belonging to their colleagues. The need for proper passwording practices is stated.
Abwao Oluoch writing for East African Business week reports that Kenya has outlined its priority legislative agenda for the East African Legislative Assembly (EALA), putting emphasis on laws that will fast-track the country’s post electoral crisis recovery efforts and consumer protection bills. At the same time, EALA law makers have pledged to roll out a series of legislations to facilitate regional trade, ease the inflow of raw materials and remove bottlenecks to regional trade in its legislative for this year, assembly members said early last week. In particular Kenya’s Trade and Industry Permanent Secretary, Mr. David Nalo called for the passing of an anti-counterfeit legislation this year.
In a case involving an application by the Competition Commission to confirm a settlement agreement of R6million (approx $800 000.00) reached between the Commission and the respondents (Netcare and the Community Hospital Group), the Tribunal refused to supply the order stating that they did not believe that the settlement agreement adequately safeguarded the public interest.
Writing in Global Research ("A New Asian-African Alliance? China supports Sudan's Economic Growth") Muriel Mirak-Weissbach waxes lyrical concerning the sudden surge of growth in Sudan in the wake of principally Chinese -- but also Indian and Malaysian -- investment. This is predicted to lead to Sudan becoming the breadbasket of Africa, with an infusion of Chinese technology in the building of dams and improved agricultural technology. This approach is vaunted as a better alternative to the usual route adopted nowadays, of investing in tech transfer in the IT sector.
The South African arm of international automobile manufacturer Chrysler has objected to an advertisement by Indian vehicle maker Mahindra and Mahindra that uses the term "jeep", saying it owns the trade mark to the world's oldest sport utility vehicle. The Advertising Standards Authority of South Africa (ASA) is looking at the matter. Mahindra and Mahindra says it used "jeep" in lower case letters to denote the generic name for the kind of multi-purpose vehicles it makes.
AllAfrica reports that software giant Adobe has restated its commitment to the Nigerian Information Technology market, saying that it would use education and a realistic discount structure in seeking to stem the continuing flood of infringing activity.
According to the Africa Science News Service, Kenya’s civil society organizations (CSOs) are up in arms against brokers who have invaded the Clean Development Mechanism (CDM) of the Kyoto Protocol and are offering as little as US$20 per surviving 1,000 trees that are meant to sequestrate carbon. The brokers, mostly from the west, are busy seeking the support of local non-governmental organisations to help them sell the idea to farmers. Dr Dominic Walubengo, head of the Forest Action Network (FAN), is however adamant that the Kenyan CSOs will not sacrifice Kenyans farmers, telling Africa Science News Service that local NGOs are united in their position against these brokers. He added that, though carbon credit is a good idea at the international level, the intervention of brokers has the effect of denying benefits to farmers."The CDM is supervised by the CDM Executive Board (CDM EB) and is under the guidance of the Conference of the Parties (COP/MOP) of the United Nations Framework Convention on Climate Change (UNFCCC).
One of the intentions in the creation of the CDM was to bolster Africa through technology transfer, community-level development benefits, enhanced private-sector investment and market development. Given the huge need for resources to support sustainable development plans in the region, and the seemingly large potential for CDM activities there, one might expect Africa to be a very active participant in the CDM.
However, the reality is the extreme opposite. Projects in Africa that had successfully journeyed through the formal procedures for developing and registering a CDM project numbered four by December 2005.
There were over 200 projects in various stages of development by this time, of which only a handful were in Africa.
Today, Africa has only 214 CDM projects most of which are either in South Africa or in the Northern parts of the continent".

In an article penned by Zeph Kajevu in Botswana's The Voice , it is reported that after a week's investigation Microsoft succesfully raided premises of computer salesmen selling their pirated software, with the help of the Botswana Police. According to the report "In total, six computers containing unlicensed versions of Microsoft’s Windows operating system and Microsoft Office applications on sale have been confiscated - in addition to 16 CDs containing a variety of counterfeit Microsoft software, all amounting to a total street value of P103, 000 (US$16 000). Five staff members, including the owners of these businesses, have been arrested on charges of copyright infringement and, if found guilty, they could serve a term of imprisonment or, alternatively, pay heavy penalties."
Marketwire reports that the Canadian environmentally advanced coatings company Napier Environmental Technologies Inc. has signed a term sheet for the sale of its intellectual property outside North America to South African company Freeworld Coatings Global - makers of Plascon paints - for $5.25 million in cash. Napier will also grant Freeworld a one-year option to acquire its North American sales, marketing and manufacturing operations, including existing customers outside of North America. Should the option not be exercised, Napier would refund $100,000 to Freeworld. Should Freeworld exercise the option, among other conditions, they would be obligated to purchase the production equipment and inventory from the company at the then net book value, currently valued at approximately $550,000."This acquisition furthers our intention of building on the essence of our brand, which reflects our vision of becoming an even stronger international force within the coatings industry and a world-class multinational company that is commercially, socially and environmentally responsible".

Two mobile phone networks slugged it out recently at the Advertising Standards Authority during an appeal to the Sponsorship Dispute Resolution Committee. MTN is the sponsor of an under-16 South African team, while Vodacom sponsors the national team, Bafana Bafana. MTN, when advertising the event it sponsored, captioned the advertisement 'Turning young men into Bafana Bafana'. Vodacom alleged that this contravened various articles of the ASA Code,including the ambush marketing prohibition in article 11.1.1 of Section10 of the Code, which states that no organisation other than the official sponsor may directly or by implication create an impression that its communications relate to a specific event or create an impression that they are the official sponsor of such an event. The ASA Directorate, while accepting that Bafana Bafana is the general term used when referring to the men's soccer team, held that the use of these words was not strictly necessary in the advertisement, and could imply a connection between the team and MTN. for this reason, it ordered that the advertisement be withdrawn. On appeal, the Committee ruled that Vodacom did not have exclusive rights to the name Bafana Bafana, as the name is in general usage and can be used by competitors provided they do not contravene the sponsorship code. MTN did not breach the ambush marketing provisions of the code (quoted above) as it referred to its own sponsorship in the advertisement and did not imply a link to the respondent's sponsorship.
Writing in Modern Ghana, Weekly Fylla asks: "Who owns 'Africa Money'? Sidney or Kwaku Bonsam?". This article describes, in fairly graphic terms, the background and current state of an ongoing dispute between Sidney (right) and the members of the Mile-End Compilation crew. It is a must-read for anyone who wants to see how copyright law affects the lives and activities of individuals working at the rock-face of creativity. Oh, and there's also one delightfully funny typo ...

The sudden closure of the Malaysian Ramatex textile factory in Windhoek, Namibia, with the loss of 3,000 jobs, has led to a good deal of recrimination within Namibian political and commercial circles and debate as to whether the government made too many concessions in order to obtain the factory in the first place. While Namibia counts the cost, one of the questions being asked is whether there has been any net gain in technology transfer terms, through the acquisition of new technical skills by the company's mainly female workforce.
One wonders why a court media statement contains words like "incola", "a quo" and "quantum" which can make its meaning difficult to digest. For the uninitiated an "incola plaintiff" is someone who resides in the country, the words "court a quo" mean court of first instance or court where the decision under appeal was made and "quantum" means amount or value. The latin terms reflect one of the origins of South African law which is Roman Dutch law. SA's IP laws, on the other hand, are largely influenced by English law whilst custom made law and US style constitutional law are additional ingredients in the SA legal broth, to which you can also add 11 official languages and then....smatterings of latin. Although the concoction can hardly be described as bland, there is a significant challenge to avoid it becoming tough, and alienating the man on the street. Posted by Darren Olivier

*****STOP PRESS*****

The Nigerian Tribune has published a depressing Editorial, "Altering Product Expiry Dates". This piece states, in relevant part: The truth of the matter is that, so long as the profit to be derived from the sale of products outstrips the profit to be derived from increasing value of the goodwill in a brand and then leveraging it, companies will be more tempted to relabel their products than to encourage the belief that medicines made under their names and brands are reliable." ... Insecticide is used to destroy insects and protect lives and crops. A mosquito bite often means death in Nigeria. The gutters are swollen and stinking during the rainy season and mosquitos cannot imagine their good luck. Health ministries sprayed stagnant pools of water with insecticide in the past but not any more. It is a new Nigeria of fallen standards, selfishness and stolen wealth.
The National Agency for Food and Drug Administration and Control (NAFDAC) has accused a Lagos chemical company of something worse than selfishness. The agency accused the company of knowingly and coolly breaking the law, of endangering the financial health of farmers and the well-being of Nigerians.
NAFDAC’s Deputy Director, Regulatory Affairs, Mrs. Ariz Madukwe, said at a news conference last week that the company changed both the dates of manufacture and expiry of an insecticide called Endocap. The chemical is used to keep insects away from crops.
The senior NAFDAC official said the insecticide was manufactured in April 2006 and had a potent shelf life of two years. Any unsold stock should have been withdrawn at the end of April, but the company was caught relabelling the product. The company is now claiming that the product was manufactured in January 2008, though it was to expire in April. The new expiry date for a product manufactured in 2006 was now January 2010.
The company is apparently a well established one. It has offices on Victoria Island and a warehouse in Ikeja. NAFDAC said the company was engaged in the criminal alteration of the expiry date of Endocap at its warehouse.
Will the Endocap caper lead to the deserved end of the company? Not likely. Though NAFDAC’s deputy director of regulatory affairs said workers of the chemical company were caught, relabelling the product, nobody was apparently arrested. The company was merely sealed off. The company might have been engaged in the criminal alteration of the expiry date of its brand of insecticide for many years before NAFDAC was tipped off.
There are drug companies in Nigeria set up to manufacture or sell unwholesome drugs. They have foreign collaborators. One Italian pharmaceutical company was set up to manufacture and export useless drugs to developing countries, especially those in Africa. The company said it was doing Africans a favour after it was exposed by the London Sunday Times. It said Africans could not afford efficacious drugs. The company was closed down by the Italian authorities following an international outcry.This happened in the 1980s, at a time Nigeria had no drug regulatory authorities to speak of. Expired drugs were shipped to the country and they were openly sold in pharmacies and patent medicine shops. A pharmacist was arrested for selling expired drugs, but he was not tried. His pharmacy was reopened after being shut for a few days.
Babies died in a teaching hospital after being given medicine for cold. Their parents wept while the manufacturer of the drug of death laughed while cuddling their blood money. There was an enquiry that avoided apportioning blame.
The coming of Professor Dora Akunyili as Director General of NAFDAC halted the haughty stride of the merchants of death. Adulterated or expired drugs were seized and burnt. Markets where dangerous drugs were sold were sealed off for a time.
Bad medicines make millions for the manufacturers and they fought back. They burnt down two or three NAFDAC laboratories and attacked some of the agency’s staff members. Some people were charged with trying to murder Professor Akunyili.
It is the only trial of people suspected of manufacturing, adulterating or selling harmful drugs as far as we know. And they were tried for attempted murder with the use of a gun and not the killing of unsuspecting patients who take poisonous or non-potent drugs.
Why has nobody been convicted of manufacturing or selling unwholesome drugs? Has it to do with the absence of the necessary laws? Or is their enforcement the problem? Is NAFDAC being given the security and legal assistance that it needs?
Punishments should swiftly follow crimes, especially when the lives of hundreds of thousands of people are deliberately put at risk by people seeking easy riches. NAFDAC should make an example of the owners of the company that altered the expiry date of Endocap, its brand of insecticide.
A mosquito may not be blamed, but those who manufacture or sell dangerous drugs and chemicals deserve to be jailed".

NAMIBIA has become one the few countries in Africa that has taken the first steps towards the introduction of competition legislation. “Namibia was inspired by SA’s competition laws. Much of Namibia’s legislation is based on SA’s Competition Act,” says Nkonzo Hlatshwayo. At present only SA, Madagascar, Mauritius, Namibia, Malawi, Tanzania, Zimbabwe, and Zambia have adopted competition laws in Africa. 


IOL reports that movie production company Universal City Studios and its South African subsidiary are suing 230-store DVD franchise Mr Video to stop it importing movies directly from the United States, complaining that this practice undercuts their cinema circuit profits. This dispute was triggered when Universal discovered that Mr Video was offering copies of popular romantic comedy Knocked Up in early November, before the movie had left the theatre circuit. Mr Video says the practice of buying DVDs overseas is "widespread" and that this issue affects the entire South African movie rental industry."The videos that are the subject of this application are not counterfeit or pirated copies of Knocked Up; they are copies which were made in the US by or with the permission of the copyright owner".Mr Video has agreed to stop importing DVDs until the conclusion of the court case, which will be heard on 30 April.

The Extreme Group has teamed up with Retailcorp (the brand retailing arm of Nakheel and part of the Dubai World group of companies) to launch their EXTREME brand in South Africa in the cafe space. Al Gosling, CEO of Extreme Group and founder of the Extreme Sports Channel commented: “Our vision for EX Freshies was to create a place where consumers want to hangout – a cool alternative to overwhelmingly corporate cafés in malls and high streets around the world. Our mission was to provide the finest freshly prepared food with great service in an environment that reflects what we and the EX brand stand for.” The Extreme Group employs 247 people and operates in more than 70 countries around the world.
Courtesy of David Garrick, Kayode & Co, Afro-Ip weblog has learnt that:

According to the Daily Monitor and reported in AllAfrica here, Ethiopia has won trademark rights for its specialty Sidamo coffee in the United States and successfully completed the row with US coffee giant Starbucks. Afro-IP notes that the trade mark SIDAMO was registered at the USPTO on 12 February 2008 in the name of Government of Ethiopia National Government, claiming use since 1928.

"“Education”, “synergy”, “building partnerships”, “network building”, “renewed commitments”: this is how Africa is going to develop science, technology and innovation – at least according to the half a dozen distinguished ministers from around the continent who spoke at the conference on Wednesday this week. They did not address, however, why spending on R&D is less than 1% of GDP in most African countries or why, as Professor Edward Ayensu of the Council of Scientific & Industrial Research in Ghana pointed out in a well-received speech, why there had apparently been little progress since 1986, when he chaired a conference that promised much the same thing: “We pay lip-service to science and technology but don’t do anything about it … without science and technology we will never develop.”
A slightly different agenda emerged at the final conference session on Thursday, in a presentation called IdeaSolution, organised by BrainStore (who comes up with these absurd compound names?) which is “built on sound logic and Swiss precision” (their words not mine). In real-time, the 700 or so scientists, administrators and lobbyists attending the conference voted on 20 radical ideas to promote science in the continent, including an Olympic Science Games, an African science TV channel and a tax on luxury goods to fund R&D. The top three ideas, when the votes were counted, were:* one sponsored science kit for every school (sponsored by who -- and what if they had an agenda?)
* an African Research Yearbook and
* advice on patenting indigenous knowledge (surely this would need some thought about novelty and prior art, not to mention the costs of protection and enforcement?).
This exercise did at least show that delegates are aware that IP has a key role in discussions about science in Africa, and especially one of the main failures so far – turning successful research into commercial innovation. Fittingly, “patents, IPR and technology transfer” was one of the plenary sessions and included five varied presentations – although there was probably little that would be news to readers of this blog. We heard how ARIPO offers protection in 16 countries and has recently offered a cut-price utility model to benefit SMEs, as well as providing training; how issues such as traditional knowledge and fair use are being discussed internationally; how studying patent documents can help businesses plan their strategies and innovate; and how technology transfer – if managed properly – can provide win-win benefits. There was also a mention of the new Pan-African Intellectual Property Organization (PAIPO) although I haven’t found anyone yet who really knows what it is doing or how it relates to other organizations.
Apart from one question, which wasn’t adequately addressed, there was surprisingly little criticism of IP rights or calls for alternative models. This may have been because those attending were IP standard bearers or it may have been because the Q&A session was moderated by Professor Sir Magdi Yacoub, a highly distinguished heart surgeon but by his own admission not well-acquainted with the subtleties of IP arguments. He pressed the speakers with questions about publication and the grace period, but they could not give him a uniform answer.
Despite superficial disorganization (a schedule that bore little resemblance to the published programme and which always seemed to be running an hour late) the organizers (UN ECA and African Union) remarkably produced not only a nine-page draft summary of the meeting in two languages, with 24 action points, but also a CD, distributed to all delegates before the conference closed.
Two of the 24 points related to IP: “(1) ARIPO, OAPI and PAIPO and the national IPR bodies should embark on intensive capacity building and awareness raising campaigns in IPR and patent issues; (2) African countries and their respective institutions should enhance their role as custodians of the governance of Africa’s indigenous knowledge and traditional artefacts by enforcing protection laws related to IPRs.” Nothing too revolutionary there. The Nigerian representative at the conference made some astute comments about what the draft summary said about IP, in particular that TRIPs was not mentioned, that protection in many countries is weak rather than strong and that patents should be seen as a separate issue from traditional knowledge.
This was a diverse conference, covering everything from IT to climate change, malaria drugs to transport. Perhaps too diverse. But the message was clear, and in the light of international focus on and investment in Africa, not to mention the Gates Foundation’s millions, it is well-timed: if Africa is to develop and address its health and environmental challenges, science should play a part. To do so, research needs to be commercialized, and as many speakers pointed out, that requires effective IP protection as well as venture funding and basic infrastructure. The most interesting presentation I heard was by Professor Peter Singer, who has led a study in three countries which suggests that research and commercialization are proceeding on “parallel tracks” in his words, both progressing but never meeting. That, he argued, needs to change (and he has some interesting proposals on how it can do so). I chatted to many of the delegates here, but did not meet a single African businessman/woman (among multinationals, I met one representative of big pharma; Microsoft was a sleeping sponsor; and someone from Nokia gave an interesting talk). When a conference like this attracts people from the private sector (whether factory owners, shopkeepers, pharmacists, grocers or even farmers) who want to use science to grow, then perhaps we will see some progress".

Zimbabwe Music Rights Association (ZMRA) general manager Polisile Ncube is to attend a series of forums and workshops on copyright law to be held in Swaziland later this month, reports AllAfrica. Ncube, whose anti-piracy campaigning has been recognised by the World Intellectual Property Organization, will lecture on intellectual property laws to members of the Swazi judiciary, revenue authorities, duty and customs officials as well as musicians.
Ranking: top 20% Mauve, then Light Blue, then Green, then Yellow, the Red. White (apparently not researched).

picture courtesy of Roshana

A High Court judge in Uganda recently held in favour of Anglo Fabrics & ano that Africa Queen & ano were infringing their registered trade mark ‘Mekako’ and passing off their medicated soap product. The plaintiffs were granted the injunction and the defendants ordered to pay SHs 10,000,000 (approximately $5800) plus costs (In The High Court Of Uganda At Kampala (Commercial Court Division) Anglo Fabrics (Bolton) Ltd And Ahmed Zziwa V African Queen Ltd And Sophy Nantongo). The case is interesting: