Nigeria: PINS ON PILLS!

Nigeria: PINS ON PILLS!

By Anonymous   Monday, October 31, 2011   1 comment:

Africa is one of the largest markets for mobile technology in the World, it has been said that more people have started using phones in Africa since the year 2000 than in the prior century. Nigeria is one of the largest Countries in West Africa and the telecoms market is hugely successful. The rise in mobile technology (whether real or fake) has taken off beyond the expectations of all. Nigeria is commonly known to be the largest African market for the sale of mobile phones, ahead of South Africa and Zimbabwe along with all other African jurisdictions.

Today’s installment however is not about the correlation between IP rights and mobile communication, it is about something else entirely which I’ll come to in a second.

Nigeria has a large and escalating problem with the sale of counterfeit drugs. These products are often much cheaper than the originals but also often of a much lesser standard, this particular issue can have wide reaching health repercussions. One can categorize the different types of ‘fake’ drug which can be found in the market into 4 groups. First is the total inauthentic, whereby you buy an aspirin and end up swallowing chalk, then you have the mimic, whereby the counterfeiter has attempted to copy the chemical formulation of the original and (usually) failed, you also have the sale of expired products and lastly where they again mimic the chemical formulation but use a much weaker (read- cheaper) dose. Any of these four are extremely dangerous to the consuming public, and I won’t waste all our time be telling you why. Basically take them and you’ll probably die.

So now we come to the great reveal (and I’m not kidding, I really think it’s’ great) GSK has teamed with a company called SPROXIL alongside NAFDAC to see if it is possible to combine the issue of consumption of fake drugs and the booming mobile phone industry in Nigeria. The result is a technology known as- SMS consumer product verification.GSK products will now contain a scratch off pin on the packaging. Upon purchase of the pills, the pin number should be sent via text to the number provided which is the NAFDAC health desk. Please reserve all comment about how the NAFDAC registration number can be faked because this pin IS NOT the NAFDAC registration number. It is a special formulation of numbers thought up by SPROXIL. After the text has been sent, within ten seconds you will get a reply saying either- Genuine NAFDAC product with the serial and NAFDAC registration number provided, or you will receive a text saying- FAKE, DON’T USE and instructions on what to do next. It is also possible that the text will say- this pin has been used before or pin not recognized.

In this author’s opinion, this could go a long way into curbing the issue of consumption of fake and also sub-standard goods on the market place in Nigeria. There are plans to expand into food stuffs and electrical items as well and it is my belief that it is a much needed initiative that Nigeria desperately needs. So what does everyone else think? All comments after the jump please…

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Anti-Counterfeit Friday

Anti-Counterfeit Friday

By Darren Olivier   Friday, September 23, 2011   1 comment:



but, are those fake?

During the Rugby World Cup fans based in South Africa are encouraged to wear their teams rugby jerseys. It's known as Rugby Friday and it is a massive boost to the counterfeit goods industry. At almost every traffic light fake rugby jerseys are sold with a smile and most customers are simply unaware that they are supporting the biggest IP problem in Africa. So, Afro-IP has decided to launch an Anti-Counterfeit Friday campaign with news and views on counterfeiting in Africa. Enjoy ... oh, and beware those Springboks - yesterday's performance didn't look fake to me.

Nigeria: "Nokia last week revealed that consistent media campaign and other related activities in the Nigerian mobile market has significantly checkmated the spread of counterfeit mobile phones dropping the market share from 15 percent in July 2010 to 6 percent by July 2011." Vanguard [interestingly, the report does not mention any enforcement successes highlighting the effectiveness of alternative options]

Director General of the National Agency for Food and Drug Administration and Control Dr. Paul Orhii, has said that "the agency has adopted sustained media campaign, training and retraining of its officials, reviewing NAFDAC laws, grassroots sensitisation, improved collaboration with national institutions, as well as establishing closer working ties with international drug and food regulatory agencies [in a bid to stop counterfeit medicines in Nigeria]." (AllAfrica report)

"Eaton and other manufacturers have been successful in conducting searches and seizures of counterfeit electrical products in China, the Middle East and Africa. These programs have identified hundreds of thousands of breakers and electrical components that have been seized and destroyed." EON "Counterfeiting has become a growing problem worldwide for more than a decade and has increased by 10,000 percent over the past 20 years." Eaton anti-counterfeit portal.

and, loved this one:

"Ecopark facilities in Torrevieja (Spain) last week welcomed the destruction of counterfeit items seized by police this summer from unauthorised street vendors." A vast number of vendors come from sub-saharan Africa, according to the report. Not all counterfeit dvds were destroyed though "During the past years, growers of La Mata Vines have been hanging counterfeit CD’s on poles and when the grape are ripe, so that, with the reflection of the sun, they scare away the birds from their crops" see full report here.

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Petition for Urgent Investigation into Custom Official's Murder

Petition for Urgent Investigation into Custom Official's Murder

By Darren Olivier   Friday, January 21, 2011   5 comments:

On the morn of murdered Warrant Officer Johan Nortje’s funeral today supporters of the Afro-IP community are calling for an urgent special investigation into Inspector Nortje’s murder by the Police Organised Crime Unit, with the involvement of Interpol and the World Customs Organisation. (see earlier posts here and here)

Supporters of this petition please use the voting poll alongside and/or comment in the section below.
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“This is really terrible and I think this blog should petition the IP Community to support an urgent special investigation with all 
assistance from Interpol and WCO. The effects are dire for future
 enforcement as it will drive good cops and customs officials away from 
doing their jobs.” Marilyn Krige (MKIPWORKS)

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“If, as suspected, this link is established his death should dispel the myth that counterfeiting is a victimless crime. We join the call for an urgent special investigation.” Bowman Gilfillan's Brand Enforcement and Anti-Counterfeiting Group (see full statement below in the testimonies)

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“This incident has created concerns, amongst others, that reliable and dependable officers (i.e. SAPS, Customs, DTI and CCU) will be derailed from doing their work without fear. For this and, other reasons, the concerns should be addressed to avoid future border enforcement from being severely compromised. We believe that these circumstances call for an urgent special investigation into Inspector Nortje’s murder by the Police Organised Crime Unit, with the involvement of Interpol and the World Customs Organisation.” Adams & Adams' Anti-Counterfeiting Team (see full statement below in the testimonies)

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“DM Kisch anti-counterfeiting team is shocked and deeply saddened by the untimely death of Inspector Johan Nortje, who was so dedicated to the fight against anti-counterfeiting. We have worked together with Johan Nortje for many years and his enthusiasm, dedication, professionalism and pride to his work cannot in anyway be faulted.  He will be sorely missed and the team wishes to extend our heartfelt condolences to his family friends and work colleagues.  DM Kisch Inc supports an urgent special investigation into Inspector Nortje’s murder”
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The Managing Director of "Cabinet ISIS” and staff was deeply shocked to learn of the death of Officer Jacobus Nortje. ...., we support the calls for an urgent investigation (with the assistance of the WCO and Interpol) into the death of Officer Nortje
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We support the calls for a thorough investigation into Mr Nortje's death, and in particular into the allegations that his death came as a direct result of his role in tackling anti-counterfeiting activities in South Africa.  Enforcement officers must be free to do their work without fear of death, injury or intimidation. The IBML Trade Marks and Anti-Counterfeiting Team - see full statement below
--------------------------------------------

The incident has lead to notes of condolence including a post on leading IP blog IPKAT and by law firms mentioned above: 

"Please spare a thought for the family and friends of Johan Nortje, a senior South African customs investigator who, having enjoyed considerable success in the fight against the tidal wave of counterfeits, has been murdered amid fears that the gangs who smuggle unlawful goods into the country are targeting enforcement officers -- or at least the ones who are (i) effective and (ii) don't accept bribes. Next time anyone starts telling you that IP infringement is just an economic crime and doesn't really hurt anyone, you can remind them that the name of Johan Nortje has been added to the list of human fatalities, along with those unnamed souls who are poisoned by fake medications or malnourished through worthless infant formula or maimed through accidents resulting from the malfunction of counterfeit mechanical parts." (IPKAT)
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Testimony to the work of Johan Nortje from law firms:

“Adams & Adams’ Anti-Counterfeiting Team is deeply saddened by the abrupt passing away of Inspector Johan Nortje. Our concern is exacerbated by the speculations that he was murdered for being an excellent and dedicated Police official. 
 
We worked and interacted with Inspector Nortje for many years in relation to anti-counterfeiting matters and we can attest to the fact that he was dedicated and committed to the eradication of counterfeit and other illicit goods being imported into the Republic of South Africa and fought the proliferation of the scourge of these goods in this country. He demonstrated exceptional investigative qualities and outstanding moral standards. His passing is an enormous loss, not only to his family, but to the South African government enforcement community at large.

Adams & Adams is grateful for his invaluable contribution, which led to numerous successful prosecutions of offenders in the past.

This incident has created concerns, amongst others, that reliable and dependable officers (i.e. SAPS, Customs, DTI and CCU) will be derailed from doing their work without fear. For this and, other reasons, the concerns should be addressed to avoid future border enforcement from being severely compromised.

We believe that these circumstances call for an urgent special investigation into Inspector Nortje’s murder by the Police Organised Crime Unit, with the involvement of Interpol and the World Customs Organisation.” 
-------------------------------------------
"Bowman Gilfillan's Anti-Counterfeiting Group was shocked and deeply saddened to learn of the death of Warrant Officer Jacobus Nortje earlier this week. The passion and enthusiasm with which he applied himself, was a daily testament to the personal pride he took in doing a very difficult job, well.  He was a wonderful ally to the anti-counterfeiting community, always willing to assist - often before his help had even been requested. His professionalism and integrity will be sorely missed. We support the calls for an urgent investigation (with the assistance of the WCO and Interpol) into the death of W/O Nortje, especially since it has been linked to his vital role in the fight against counterfeit goods entering South Africa through Durban harbour. If, as suspected, this link is established his death should dispel the myth that counterfeiting is a victimless crime. 


Our heartfelt condolences go out to his family and law enforcement colleagues. 


We join the call for an urgent investigation."
---------------------------------------------

PUMA´s International Brand Protection Team learnt with shock about the tragic passing away of Warrant Officer J.J Nortje.

In the short time that we have known him, he distinguished himself as a dedicated member of the South African Police Service (SAPS).  In him, we had hope that the battle against Counterfeiting will eventually be won.

Mr Nortje was forever willing to assist and like a true warrior, he was always in the forefront of the battle against Counterfeiting. His qualities are there to be copied by the new generation of officers in the South African Police Service.

On behalf of PUMA AG Rudolf Dassler Sport and PUMA South Africa we would like to convey our heartfelt condolences to his family, the South African Police Service and South Africa at large.

The South African Border Police has lost a true Servant and he would truly be missed. 

Sincerely yours,
Neil Narriman

____________________
Neil Narriman
Senior Brand Protection Manager - Legal Department -

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"The IBML Trade Marks and Anti-Counterfeiting Team were shocked and saddened to learn of the murder of South African customs officer Inspector Jacobus Nortje.  We support the calls for a thorough investigation into Mr Nortje's death, and in particular into the allegations that his death came as a direct result of his role in tackling anti-counterfeiting activities in South Africa.  Enforcement officers must be free to do their work without fear of death, injury or intimidation.  Our condolences go out to Mr Nortje's family, friends and colleagues at this sad time."

Cameron Olsen - Head of Legal IBML (ed - responsible for the worldwide management of brands including Dunlop, Slazenger, Lonsdale, Karrimor, Sports Direct and others)

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SACTWU warns that factories may close due to counterfeiting

SACTWU warns that factories may close due to counterfeiting

By Darren Olivier   Wednesday, January 05, 2011   No comments:



If only counterfeiters were voodoo dolls

The Southern African Clothing and Textile Workers Union (SACTWU) were recently concerned that if the scourge of counterfeit sales does not cease, it would impact the entire South African textile industry and stated that factories will eventually close down. Whilst appreciative of  the efforts made against counterfeiting in the country SACTWU advocate tougher penalties. Source Coastweek and SACTWU press release.

SACTWU appear desperate. Counterfeiting creates a market for illicit goods that compete with genuine products resulting in large scale unemployment in the official goods sector. All of this is not surprising in an industry whose export market has been decimated by the strong value of the Rand over the past year - a situation caused largely by global interest rate differentials which ultimately, were caused by a much more sophisticated deception in the banking industry a few years ago.

However, toxic debt is not to blame. RSA has suffered significant unemployment for a number of years and its manufacturing industry, like many others, struggles to compete anyway with the cost of production of genuine goods made in other parts of the world, especially China (as this article illustrates). Ironically, critics of unions like SACTWU may blame them for assisting to cause their anti-competitive positioning. Furthermore, the temptation to sell counterfeits can be overwhelming as the illegal Ray Ban sunglasses salesman poignantly explains in the piece: “I have a family to feed. I must sell what I can,”

Without doubt, counterfeiting in RSA is on the increase. SCA IP decisions were dominated by counterfeit issues in 2010. The big IP firms in RSA now have dedicated anti-counterfeit departments. Higher sanctions (proposed in the article) may act as a deterrent but the problem is multi-faceted.

Effective or a checklist for counterfeiters?

Educating the public of  the dangers of counterfeiting like the cigarette companies are doing at the moment with their massive motorway billboards should help shift public opinion to reject counterfeits. Government initiatives like this one in September last year are useful but need to show that it has moved from talk to real, effective and measurable action and, despite successes, the court system needs to be able to deal with the problems efficiently. There are some very effective provisions in RSA legislation but the Copyright Act does needs a major update. Other less direct initiatives aimed at increasing growth and employment will also help as would efforts to secure funding (and use it effectively) from worldwide anti-counterfeiting groups.

Afro Leo notes with interest that the article commented on in this post is reported by a Chinese Xinhua news correspondent on a Kenyan website - the effect of broadband access in Africa or a sign of the global nature of the problem and interest groups? Whichever, Afro Leo thinks it positive.

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Kenya’s Anti-counterfeit Agency comes out with blazing guns

Kenya’s Anti-counterfeit Agency comes out with blazing guns

By Njuguna   Sunday, November 28, 2010   No comments:

The Daily Nation reports that Kenya’s Anti-Counterfeit Agency has seized suspected counterfeit pencils, worth Ksh 24 million (about US$ 300,000), at a warehouse in Nairobi’s industrial area.

The seizure followed a complaint by Staedtler, the German maker of pencils of similar name. It would appear that the pencils were impounded not because of counterfeiting of the trade mark STAEDTLER rather because of the “similarity in the design, shape and colour.” The accused pencils bearing their own trade mark are manufactured in China and retail at Ksh. 10 compared to Ksh 40 for the Germany made STAEDTLER pencils.

At the same time, the Agency issued a notice to retail outlets and stores ordering them to surrender stocks of the suspect pencils in their custody. The notice warns that failure to comply with the notice could lead to criminal action being taken against the outlets in accordance with the Anti-Counterfeit Act 2008. The notice indicates that the suspect pencils infringe on international trade mark no 645587 registered under the Madrid System and designating Kenya.

The report indicates that the culprit will be taken to court. If that happens it will be interesting to find out how the Kenyan courts will address the matter more so in attempting to demarcate the sort of acts that constitute counterfeiting from the viewpoint of the Anti-counterfeiting Act and trade mark infringement from the position of the Trade Marks Act.

Incidentally, Kenya’s Anti-counterfeit Act is almost a carbon copy of the South African one. Perhaps the Kenya Court could borrow a leaf from South Africa, where as reported here by Darren, the South African Courts are trying to discourage trade mark owners from using the Anti counterfeit Act to pursue trade mark infringement disputes.

Interestingly a cursory inspection of the cited international trade mark reveals that the trade mark claims features such as the hexagonal shape of the pencil and the colours red, black, white and beige. This could be an important case to watch for a number of reasons. First, the Kenyan court could take the opportunity to debate or provide direction in relation to the scope of trade mark protection in relation to the design, shape and colour of trade marks.

Secondly, it will be interesting to watch how the courts interpret and enforce the Anti-counterfeit Act in light of the controversies that have dogged it before and after it was enacted in 2008. Noteworthy is the High Court decision that suspended application of the Act “in relation to medicine”, and in which the Judge amazingly observed that the seizure of Indian generic drugs in Europe was because of the Kenyan Act.

Thirdly, India has repeatedly complained that Kenya’s Anti-counterfeit Act is contrary to the TRIPS agreement in so far as the Act recognizes intellectual property rights subsisting in Kenya “or elsewhere”. In a sort of tongue-in-cheek proposal, can the case be used to test the efficacy of the “elsewhere” provision in that the cited Madrid system registered Trade mark “subsists elsewhere” in the sense that it was registered (elsewhere) in Geneva by WIPO?

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Faking it

Faking it

By Darren Olivier   Tuesday, November 16, 2010   No comments:

Afrique en Ligne carries a piece all too common about the dangers of counterfeits in East Africa. This article cites a call of life imprisonment! for serial offenders and unwittingly lead Afro Leo to an innovative South African warning site about the dangers of using counterfeit software.

"Noting that the current regime [in the EAC] was limited to only seizure and destruction of fake goods, The Citizen [a private daily] suggested that new laws should include 'tougher penalties such as life sentence for repeat offenders, as they engage in deals that sabotage the economy denying governments tax revenue'." Afrique en Ligne

Google Adsense (by placing an adjacent ad relating to the content of the Afrique en Ligne article) was responsible for taking me to dontfakeit and a compelling experience about counterfeit software. Try it. The site is registered to Intergr8IT - Penquin International.

A similar warning was recently contained in the broadsheet version of the The Herald. The story goes that a family man bought a cheap "buy 1 get 4" DVD roadside special for his young son only to find out later (after his kid had apparently watched the DVDs) that the special extras were in fact porn. One suspects - regret for the dad and depending on the kid, endless questions, disgust or complaints about quality.

For Meg Ryan and the difficulty in spotting fakes click here.

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African Highlights from Access to Knowledge A Guide for Everyone

African Highlights from Access to Knowledge A Guide for Everyone

By Afro Ng'ombe   Friday, September 10, 2010   No comments:

The 1709 Blog has a post giving an overview of the 2nd Edition of Access to Knowledge A Guide for Everyone (large pdf file), but Afro-Leo wanted to make special mention here of a number of portions of the book specifically highlighting Africa.

Anti-Counterfeiting in East Africa

The book discusses the EAC Anti-Counterfeits Bill, Uganda’s Counterfeit Goods Bill and Kenya’s Anti-Counterfeit Act of 2008 in terms of the Millennium Development Goals,

“East African countries were facing the risk not attaining the millennium development goal (MDG) on universal treatment of people living withHIV and AIDS, malaria and other diseases if the region’s parliaments adopted the anti-counterfeits policy and bill under consideration in the region, the IPS report also noted.”

Afro-Leo recommends reading the excellent coverage by fellow Lions on Kenya’s Anti-Counterfeit Bill with follow-up.

Internet Access

Intellectual property laws are not the only barrier to accessing knowledge.  When resources are legally available but physically unattainable, they knowledge remains as inaccessible.  In relation to this, the book discusses the recent improvements in internet access across the continent (p. 110).  But, as the book points out, internet without opportunities to access it or an understanding of how to use it is useless.  The Kenya Education Network Trust is given as an example of good institutional support for use of the internet, and promoting information and communication technologies. [Another source, Technology Times reports that Nigeria is also working nationally on this issue, potentially appointing a Minister of ICT.

In addition to national programs like the one in Kenya, many people in African countries also have the opportunity to learn about and use the internet through the large number of non-governmental organizations operating across the continent.  As connection points and knowledge about how to utilize the internet increase, the cost of computers are decreasing, resulting in more opportunities for people to actually use the internet on a regular basis.

New Types of Patents

The book address three types of patents with distinct ramifications for Africa and other parts of the developing world: pharmaceutical patents (p. 51), agricultural patents (p. 53), and biopiracy-based patents (p. 55).  Most people following intellectual property issues in Africa are familiar with the debates around pharmaceutical patents: Preventable diseases go untreated because patented medicines are expensive, but if drug developers aren’t rewarded with patent rights, will they make the huge investments required to discover new breakthroughs.  The book discusses the history of patents and phrama and puts for some alternative systems.

“One view on the abuse of pharmaceutical patents is that perhaps patents were the wrong mechanism for funding pharmaceutical production all along.”

Agricultural patents, like pharmaceutical patents, deal with an important component of daily survival, food security.  As new types of seeds are patented, seeds that produce sterile plants, farmers are faced with the possibility of having to pay large amounts of money for seeds they used to just keep from the previous year’s harvest.  Although most African farmers still save their seeds and replant, these countries may move closer to the industrialized country model of planting sterile-plant seeds as companies develop seeds specifically for the various unique growing conditions across Africa.

Biopiracy-based patents are patents generally obtained by companies in industrialized countries who have ‘discovered’ some new compound or plant that a local community has been using for a very long time.  This is an area that overlaps greatly with Traditional Knowledge and Genetic Resources.  While the book acknowledges this as a problem - “The failure to address issues related to traditional knowledge and bioresources even whilst ratcheting upward the protection granted to new inventions doubly jeopardises developing countries.” – this is one place where there’s no potential solutions offered.

Broader Level Points

Other areas of the text that may be of interest with respect to Africa (page numbers or of the pdf, not the printed numbers on the page):

• Background discussion of the Doha Declaration and Development Agenda, p.23.
• Libraries as players in Access to Knowledge, with mention of Bibliotheca Alexandria in Egypt, p. 28
• Academia as a player in Access to Knowledge, with mention of the Wits University LINK Centre in South Africa, p. 29
• Section 2.1.1 Copyright law and developing countries, p. 41
• The United State’s Special 301 Report’s effect on developing countries, p. 63
• Open Access activities in developing countries, p. 78
• Electronic libraries in developing countries, p. 76

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mPedigree's solution to fake drugs

mPedigree's solution to fake drugs

By Darren Olivier   Tuesday, April 27, 2010   1 comment:

"It's a great tragedy when you take medicine you have one in three chance of taking something that can actually kill you." mPedigree's solution

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Manufacturers, public health interests clash over Kenyan law

Manufacturers, public health interests clash over Kenyan law

By Jeremy   Thursday, July 02, 2009   No comments:

"Kenya Pressured To Implement Anti-Counterfeit Law Despite Access Fears" is the title of an article by Nicholas Wadhams which has just been published on the excellent Intellectual Property Watch website. The piece explains how the Kenya Association of Manufacturers is pressing for the Anti-Counterfeit Act to come into force by mid-July and is in talks with the government to make sure that happens. The law was passed last year but has not yet taken effect because of budgeting and procedural delays. Public health campaigners are opposing, arguing that the Act’s definition of what constitutes a counterfeit product is too vague and could be used to block the import and local manufacture of generic drugs.

The article illustrates the difficulties and tensions that arise where an attempt to cure one severe problem has the actual or potential consequence of causing another, with the result that responsible bodies and individuals representing good causes are pitched against against each other rather than being in a position to unite against common foes.

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INTA Africa Update

INTA Africa Update

By Afro Ng'ombe   Friday, May 22, 2009   No comments:

Afro-Leo had a special treat yesterday at INTA, a whole session just for him!  The Regional Update: Africa session brought together four very knowledgeable and well spoken African attorneys.  Completing quite the feat, the panel managed to give a decent overview of most of the continent in just over an hour.

The panel gave us a very optimistic view of the future, including improvements in new trademark legislation, steps to implement recent legislative changes and increased enforcement of trademark laws.

Legislative Developments

A number of countries are in the process of changing, or have recently updated, their trademark legislation.  South Africa, Namibia, Djibouti and Rwanda all have new Trademark Acts in the works.  And it looks like Zambia may soon begin working on a new act as a working group has recently formed to begin tackling this task. 

Zimbabwe, Ethiopia, the Gambia, Uganda and Tanzania have recent Acts or amendments to old acts, which those countries are working to implement.  Ethiopia and the Gambia are moving along well in their implementation.  Zimbabwe has more pressing issues at the moment.  Kenya is also working to implement its existing modern legislation.

Special notice was given to Mozambique, perhaps the brightest shining star in African Trademark legislation.  Mozambique is celebrating the 10th anniversary of its Trademark Act.  The act is working well in practice, there are provisions for compliance with the Madrid Protocol and the trademark office has a good staff with a very capable registrar.

EAC

William I. Maema discussed the trademark implications of the forming East African Community.  Kenya, Uganda, Tanzania, Burundi and Rwanda hope to have the EAC common market in place by next year.  This common market will mean harmonization of trademark laws and coordination of enforcement activities.  The EAC countries also plan to introduce specialized anti-counterfeiting police units and training for the area’s customs units.  There is also the potential to introduce mandatory sentencing for counterfeiting crimes.  (Currently, most of the area’s countries have maximum sentences, but no minimums.))

Tanzania’s Two Systems

August Mreme gave specific information regarding Tanzania’s two separate trademark systems.  The existence of two different systems within one country can sometimes take foreigners attempting to do business in Tanzania by surprise.  There are historical reasons for the existence of two systems, relating to the way in which the government was set up when Tanganyika and Zanzibar joined together.

Both systems include recently amended trademark laws.  Tanganyika amended its Merchandise Act in 2008 and Zanzibar introduced its Industrial Property Act the same year.  Tanganyika's Merchandise Act introduced zonal offices around the territory, defined “counterfeit goods,” created a specialized task force comprised of officials from a variety of government agencies, and strengthened enforcement with anton pilar orders, mareva injunctions and new punishments.  Zanzibar’s Industrial Property Act extended protection to non-traditional types of marks such as sound, color and smell.  Service marks and well-known marks are also now protected.  Enforcement measures were increased here as well, with new boarder measures, remedies and injunction possibilities.

Improvements Needed

While optimism is high, there is still much work needed.  In general, many countries have decent legislation but Acts do not have implementing regulations and laws do not have proper enforcements on the ground.  A few countries, most notably Eritrea, Libya and Somalia, are in desperate need of trademark reform.  Unfortunately, countries needing high levels of reform often have much more pressing issues with which to deal more immediately.

Madrid also remains a big sticking point in Africa.  Several brand owners at INTA mentioned that the lack of Madrid compliance in Africa is one of the main reasons they do not attempt to regiser their trademarks there.  The number of countries acceding to Madrid is increasing, but the countries do not always have the matching legislation.

Going Forward

African countries are moving in the right direction.  Many issues still exist, but countries are addressing the issues as able.  OAPI remains a strong player in these improvements.  (Simon Brown described OAPI as an “African beacon – how a regional system should work.”)  But the countries cannot do everything alone.  Brand owners demand enforcement and protection of their marks, yet are reluctant to register their trademarks.  The countries are putting the necessary legislation in place, but the legislation cannot offer protection without the brand owners doing their parts.  As August Mreme explained, if brand owners do not register their marks to protect their brands, counterfeits from the Middle East will destroy their brand image in Africa.

[For those wishing to know more about the panel, the speakers were: Simon Brown of Adams & Adams in South Africa, William I. Maema of Iseme, Kamau & Maema Advocates of Kenya, and August N. Mreme of Mkono & Company Advocates of Tanzania.  The panel was moderated by Gerard du Plessis from Adams & Adams of South Africa.]

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Intellectual Property and Anti-Counterfeiting Forum

Intellectual Property and Anti-Counterfeiting Forum

By Njuguna   Wednesday, March 11, 2009   No comments:

A conference on intellectual property and Anti counterfeiting will take place on 23rd – 24th April 2009 in Nairobi at the Intercontinental Hotel.

The two-day forum organized by Marcus Evans will focus on intellectual property and anti counterfeiting strategies. The forum will also define the way forward in protecting brands of the region and using the most effective technologies in combating the counterfeit menace.

The forum will draw a panel of speakers from diverse organizations involved with intellectual property, anti counterfeiting, anti-piracy and brand protection from the African continent and the rest of the world.

There will also be a plenary session to discuss and debate the current issues facing the integration of East Africa into the global markets through private enterprise and innovations.

More information on the conference here.
To participate in the conference, the contact person is Hennie Potgieter, Email: henniep@marcusevanssa.com

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