EU - East African Community EPA IP issues

EU - East African Community EPA IP issues

By Asiimwe Paul   Friday, February 06, 2009   1 comment:

Apart from the common market protocol negotiations that have been reported by Darren here, the EAC negotiations to take place in March 2009 will among other issues focus on Intellectual Property.

According to sources close to the negotiations, the draft text will consider all the areas under the TRIPS agreement such as copyright (including the copyright in computer programmes, and neighbouring rights); patents including patents for bio-technological inventions; protection for plant varieties; designs; layout-designs (topographies) of integrated circuits; geographical indications; trademarks for goods or services; protection for data bases; protection against unfair competition and protection of undisclosed confidential information on know how.

Some of the new areas to be tackled include traditional knowledge and folklore. The final text on issues such as this could determine how future negotiations on this issue under the auspices of WIPO or the WTO would turn out.

Subject to the pace of substantive negotiations, the parties (EU and the EAC) are expected to begin full implementation of the new IP regime not later than 1 January 2014. This appears to be an ambitious schedule, considering that most of the EAC member states as LDCs have failed to meet TRIPS standards which are considered by some to be less stringent than those contained in the draft EU-EAC Intellectual Property text. Should the EAC member states sign up on this text, the IP regime of the four member states that are LDCs ie Tanzania, Uganda, Rwanda and Burundi will require tremendous financial and technical support to establish functional IP registries, border and judicial measures in order to comply by 2014.

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EAC protocol by April!

EAC protocol by April!

By Darren Olivier   Friday, February 06, 2009   No comments:

East Africa Community member states on Wednesday opened talks on the rules governing the proposed common market, raising hopes that their citizens may soon move and trade freely across the borders. East African Community (EAC) deputy secretary-general Julius Onen said a protocol for the establishment of the common market would be ready for signing in April. (Daily Monitor)

Such a development is likely to require harmonised IP laws across the region in a similar fashion to that implemented by the European Community through, for example, their Haromization Directive on trade marks. It will be interesting to see progress of this protocol. For more info from Afro-IP on the EAC click here.


It can be a whole lot of fun "writing" the EAC...

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Anti counterfeits campaign gets louder in East Africa

Anti counterfeits campaign gets louder in East Africa

By Asiimwe Paul   Tuesday, July 01, 2008   No comments:

The Tanzanian Standard Newspaper has added its voice to the outcry over counterfeit products in the region.

According to the paper, 2007 statistics show that over US$20 million is lost in tax revenue to counterfeiters each year within the East African Community (EAC). Brand owners typically lose over three times that value as taxes are on average between 25-40% of the value of goods.

This problem has compelled the East African Community to set up an inter-governmental forum to combat the problem of piracy in member states. The EAC has also hired consultants to develop a comprehensive anti piracy strategy. Proposals also include establishment of specialized anti-piracy units to fight counterfeits in the region.

This story comes on the back of many others reported on the sale of counterfeit Kiwi shoe polish, mainly in Uganda, BIC pens and Batteries last year. The editorial lays blame on globalization and liberalization as being responsible for the increase in counterfeits in Tanzania. This may well be true. Unfortunately globalization, and its cousin liberalization are here to stay. The problem is that with them came increased poverty even though per capita incomes have increased - somewhat! Poverty renders many consumers vulnerable to exploitation. Many of the counterfeit goods sell well during 'back to school' periods when parents are shopping for students returning to boarding school.

Whereas the governments in the region must do something really soon, brand owners need to be more vigilant in policing their marks. Many local manufacturers within the EAC with export volumes in millions of dollars do not have registered trademarks! Currently, there is insufficient awareness on the part of policy makers, bureaucrats and enforcement agencies in Tanzania, Kenya or even Uganda to ensure that the law is enforced.

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Comesa - Update on recent IP developments and their continental impact

Comesa - Update on recent IP developments and their continental impact

By Caroline B Ncube   Thursday, May 11, 2017   No comments:

As reported here, Comesa adopted an IP Policy in 2013. In addition Comesa has an IP Unit, committee and programme. It has been forging ahead in relation to IP matters and this post comments on two recent developments and their significance.

First, in December 2016, COMESA signed a Memorandum of Agreement with ARIPO.  The purpose of the MoU is described as follows:"The MoU will facilitate cooperation in the harmonisation of policies, laws and strategies to promote IP development for the benefit of all. Through this collaboration, there will be capacity building and awareness creation on the importance of the use of IP for economic development and promotion of innovation and creativity in the region." The import of this is that ARIPO is more closely aligning its activities with regional economic community (REC) activities and will therefore be integral to unfolding regional integration developments.  This is a smart move because it allows ARIPO to spread its wings into policy and trade-related aspects of IP which it has, to date, not been focused upon.

Second, in April 2017, Microsoft 4Afrika transferred full ownership and management of its IP Hub to COMESA. According to its online blurb, The IP Hub is intended to "as a portal of information on the various IP Authorities and IP landscape in the COMESA region". Such information would be an invaluable resource.

These strides taken by COMESA will have a large continental footprint because of the COMESA-EAC-SADC Tripartite Free Trade Agreement (TFTA) which will sweep 26 African states into its fold. The agreement is yet to come into force as the requisite 14 ratifications have not been reached. However, as it stands, it excludes IP aspects which are expected to be included in the next phase of negotiations which are required to be completed within 24 months of the entry into force of the TFTA.  When these negotiations open, COMESA, EAC and SADC will seek to advance the IP positions that they have taken in their sub-regional initiatives. Beyond this, the TFTA member states will be a major block in the proposed Continental FTA (CFTA) and ultimately, the African Economic Community which is intended to be in place by 2028. (see TRALAC "The relation between the Tripartite FTA and the Continental FTA") Therefore, the COMESA IP Policy and the recent developments noted above, will acquire an increased significance.

Future posts will comment on the EAC and SADC's IP initiatives.

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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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Anti-Counterfeit Friday

Anti-Counterfeit Friday

By Darren Olivier   Friday, October 28, 2011   1 comment:

Quote of the day: "Counterfeiting is a monster. You cut one hand and another one grows…" Tina Rose, an anti-counterfeit programme manager for aftermarket sales at HP.

"If you view counterfeit products as illegal competition that means we have helped our partners and retailers who sell our genuine products to operate in a much more fair environment by re moving those counterfeit products from the market." Tina Rose in The National. And, HP’s raid in South Africa here.

Practical difficulties spotting fake intellects

A good story about counterfeits: innovating to stop it. Pharmasecure secures funding for its anti-counterfeiting technology. Marketwatch

Afro Leo’s fun pick of the day: Zimbabwe’s problem with Counterfeit Intellectuals

The Chinese have endorsed a culture of copying (all about sharing) which is why they are such prolific copiers and why one has to understand their culture before being over critical about their IP regime. Heard that before? This fascinating short history of money published by Businessweek describes how the Ming Dynasty in China denounced counterfeiting several centuries ago “To counterfeit is death…” Buck up.

Counterfeit toys confiscated in England to be donated to children in Africa BBC Afro Leo says Santa Claus, this sounds kind but it is promoting an accepting culture for counterfeits in Africa, creating demand and perpetuating the problem.

Ethiopia and Samsung to collaborate against counterfeits

The Tobacco Institute of South Africa said over the past month, more than 160 million counterfeit cigarettes have been confiscated in the country. EyewitnessNews

On the Health Affairs blog Daniele Dionisio makes the case for a stronger regulatory regime to curb “bad medicines” and strikes at the confusion caused by bad drafting of anti-counterfeit legislation in East Africa, particularly. A slightly different but equally persuasive take on the problem revealed by this piece on AEI on sub-standard (as opposed to fake) medicines.

The workshop organised by the Assembly's Committee on Communications, Trade and Investment (CTI) took place on October 16-19, 2011. The topics ranged from: avenues for Private Public Partnerships (PPP) to curb imported sub-standards and counterfeit goods in the EAC region, the EAC's outlook on the counterfeits and anti-dumping. Plenary discussions on the how to strengthen quality infrastructure to prevent entry of sub-standard goods in the EAC region are also envisaged. StarAfrica 

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Update on TRIPs Extension Battle

Update on TRIPs Extension Battle

By Afro Ng'ombe   Monday, June 10, 2013   No comments:

Background: For those who haven’t been following the story, there is currently a proposal on the table to the TRIPs Council requesting a that LDC’s be permanently exempted from complying with certain provisions of TRIPs until those countries are no longer designated as Least-Developed Countries.  For more information see this post.

Afro Leo recently learned that the East African Legislative Assembly, of the East African Community, has issued a resolution expressing it’s support for the permanent transition period.  The Legislative Assembly sites the East African Treaty’s agreement to promote the quality of health in the EAC. Specifically, Article 118 (e) agrees to harmonize national health policies.  Since four of the five EAC member countries are currently LDCs, the Legislative Assembly has a strong interest in supporting a position deemed critical to most of its members.

The Legislative Assembly also cites to the TRIPs agreement itself, pointing out the acknowledged importance of technical innovation and the agreement to allow members to enact measures for the purpose of protecting public health.  The Legislative Assembly is concerned that if the extension expires, LDCs will lose their ability to access technologies, educational resources and other development tools.

The final provision of the resolution chastises the United States and European Union for attempting to limit the LDC flexibilities built into TRIPs.  What kind of effect will this resolution have on the TRIPS Council decision?  Guess we’ll have to wait and see.

Full resolution available in pdf here.

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"To EAC according to its needs ..."

"To EAC according to its needs ..."

By Jeremy   Monday, November 29, 2010   1 comment:

The Protocol on the Establishment of the East African Community Common Market, established under Articles 76 and 104 of the Treaty for the Establishment of the East African Community (EAC), became operational on 1 July 2010.  This Protocol establishes a common market between Tanzania, Kenya, Burundi, Uganda and Rwanda; it is hoped that this will enable the five member states to enjoy accelerated economic growth and development, extending economic and social cooperation among the member states.

Articles 5(3)(k) and 43 of the Protocol require member states to cooperate in the area of IP rights. This cooperation is expected to include measures to prevent infringement, misuse and abuse of intellectual property and the setting up of mechanisms to fight piracy and counterfeiting.

Source: "Towards Community IP rights protection: the East African Common Market Protocol", article in International Law Office by Anthony Gakuru (Njoroge Regeru & Company), from which further particulars may be discovered.


Afro Leo hopes to hear lots about the progress made by the EAC towards its IP aims and objectives. If you have any useful news or insights, do let him know.

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Rwanda: IP Workshop

Rwanda: IP Workshop

By Darren Olivier   Tuesday, May 24, 2011   No comments:

News from East Africa is that the U.S. Department of Commerce, through CLDP and the Patent and Trademark Office (PTO), in conjunction with the Department of Justice (DOJ), will work with the Rwandan Judiciary to host a three-day workshop on the Role of the Judiciary in the Enforcement of Intellectual Property from June 7-9, 2010 in Kigali, Rwanda.

"This workshop will seek to further develop the quality of IP protection in Rwanda and the East African Community (EAC) by improving the skill and knowledge level necessary to provide fair, efficient, and consistent adjudication of IP cases based upon the standards of protection afforded by the EAC, its member countries and international law."

Readers will recall  that Rwanda recently enacted new laws on IP and is widely regarded as a rejunevated state following its turbulent recent past.

According the CLDP website, approximately 70 Rwandan and East African judges from EAC member countries (Burundi, Kenya, Rwanda, Tanzania, and Uganda) and IP enforcement officials will be exposed to the importance of intellectual property protection, and its impact on stakeholders. In addition to the Department of Commerce expertise, CLDP will utilize the expertise of a U.S. Federal Court judge and an intellectual property attorney to provide practical exercises, case studies, and IP scenarios. The workshop will also benefit from the contributions of private sector stakeholders in the consumer goods and creative industries.



Paul Asiimwe gets his views across



Afro Leo is encouraged by interest from the US in developing IP on the continent. He recently met up with a number of African IP professionals, Jeremy and Aurelia at the INTA meeting in San Francisco at a meeting chaired by the eminent Dr Bankole Sodipo about an African Summit to be organised next year in conjunction with the CLDP. More on that later. Meantime, Afro-IP author, Paul Assimwe pictured alongside shares his views at the meeting.

Afro Leo would love to link to the Kigali program if anyone knows its wherebaouts? CLDP's efforts in sub saharan Africa can be located here.

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Kenya: We've switched off your fake mobile, get a genuine one

Kenya: We've switched off your fake mobile, get a genuine one

By Anonymous   Thursday, October 11, 2012   2 comments:

Get ready for the big switch off

If you asked this little Leo last week or so about Kenya and mobile technology, you would get at least two responses: home to 26,135,115 mobile phone connections in Africa and M-Pesa, a renowned innovative concept in finance. As for intellectual property (IP) and Kenya,  it only takes a few minutes for anyone to find out on this blog, for example, here, here and here. This Leo adds to his IP current affairs knowledge with this news (better late than never) that the Communications Commission of Kenya (CCK) has begun the fight against counterfeits within the telecommunications sector.

Switch off

Oh dear, they just did!

The widely anticipated switch off campaign by the CCK - in association with Safaricom, Airtel, Telkom, and Yu, supported by Nokia, Huawei and Samsung - has just come to past. According to this news report, it is estimated that around 1.5 million counterfeit handsets were switched off by the 30th of September deadline. Apparently, this campaign was particularly aimed at: tackling m-banking fraud; violence and protecting consumers from hazardous components. (Afro Leo wants to know how 3 million counterfeit mobile handsets made their way into Kenya in the first place. In respect of fighting crime, Afro Leo thought the CCK said that SIM registration was the solution?) 

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Tanzania: US Hails Region's Fight Against Couterfeited Trade

Tanzania: US Hails Region's Fight Against Couterfeited Trade

By Darren Olivier   Thursday, March 11, 2010   No comments:

"We have been impressed over the last few years to see East African Community member countries and the EAC itself making strides to improve laws and mechanisms, increase resources and promote regional cooperation to fight the vice [Counterfeiting]," The US ambassador to Tanzania, Mr Alfonso Lenhardt also said ".. for 2010 alone the US has committed over 1.1bn/- for intellectual property rights enforcement training through out sub-Saharan Africa."(AllAfrica.com)

Afro Leo is excited about the progress in the EAC but there will undoubtedly be critics and cynicism around the US funding because, as the argument typically goes, it fosters IPR protection of US proprietary rights and interests. In other words the funding is self preserving. Whilst the US has an interest in ensuring that its IPRs are adequately enforced, Africa's own IP creators share that interest too as illustrated by this comment:

"when he [the US Ambassador] arrived in Tanzania he attended a concert by one of Tanzania music stars and asked her where he could purchase a legitimate recording of her music. She replied that the stores selling her music in Dar es Salaam only offered pirated discs."

On a related but different topic, have you ever wondered which countries would rank in world's top 10 counterfeit capitals? Answers will be published tomorrow. Hint, only two are in Africa.

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Kenya's new anti-counterfeit legislation discussion

Kenya's new anti-counterfeit legislation discussion

By Darren Olivier   Wednesday, February 18, 2009   No comments:

John Syekei (pictured) has emailed Afro-Ip alerting them to an article by Jim Onyango in Business Daily entitled Black Market Thrives Despite Enactment of Anti-Piracy Law reporting on the effectiveness of the new anti-counterfeiting laws in Kenya. "Local firms say imitation of goods is rife despite the recent enactment of stiff anti counterfeiting laws. But some businessmen say it’s too early to determine the effectiveness of the laws which were put in place in January after a five year hesitation by the legislature." Afro-Ip asks: do you agree?

The effectiveness of the new legislation apparently has also impacts the discussions on the EAC common markets protocol. According to the article"..Tanzanian manufacurers are opposed to opening up Tanzanian borders for the free movement of goods from Kenya because it may lead to fake goods entering the Tanzanian market." This statement is likely to be controversial if one considers earlier postings and comments on the development of the EAC and the grave state of counterfeiting in Tanzania, here and here.

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Tuesday snacks

Tuesday snacks

By Darren Olivier   Tuesday, April 28, 2009   No comments:

Rachel Keeler writing for the impressive Ratio Magazine provides a useful summary of the issues facing the EAC when contemplating EPAs "EAC Regional: Private Sector Ambivalent on EPAs". George Omondi reporting in Business Daily reports on the upcoming July deadlines for signing these agreements here. This blog ponders whether the global economic crisis strengthens or weakens African negotiating positions in the discussions over EPAs?

A note on IPKAT has informed Afro-IP of The 1709 Blog, a blog dedicated to the discussion of copyright. 1709 was apparently the date copyright was "invented" ... or was it? The comment provides The 1709 Blog's first topic of debate. Afro-IP wishes them well.

The Nation reports that Kenya lost more than Sh70bn’ as a result of counterfeiting activities last year, which include fake medicines. One wonders what India's anti-counterfeit legislation campaigners have to say about this statistic? Read more about India's protest over Kenya's counterfeit legislation here and more recently here?

Finally, voting has been completed in South Africa with a landslide win for the ANC. Zuma will appoint his new cabinet and one wonders what implications his choices may have on the intellectual property regime in South Africa. A number of Mbeki supporters still hold key roles in government. Would any changes reflect changing attitudes towards IP or changes in legislation? Zuma is touted as a man of the people - is TK high on his agenda? Comments welcome.

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Tuesday's ticklers: EAC, CIPRO, Adwords

Tuesday's ticklers: EAC, CIPRO, Adwords

By Darren Olivier   Wednesday, October 07, 2009   No comments:

Adam Smith (World Trade Mark Review) has published a news article based on a full interview he had with Omari Issa, the CEO of Investment Climate Facility for Africa, with whom he was talking about the counterfeiting problem in east Africa. The new article is here: Brand owners urged to sponsor enforcement coordination. This is the latest in WTMR's coverage of the EAC study into harmonizing IP enforcement in the region. Previous article here: Fresh move to harmonize anti-counterfeiting law in east Africa, with further reports and background reading from Afro-IP here. Afro-IP will report WTMR's update article when it is published. Thank you Adam.

Minister of Trade & Industry's (Rob Davies) replies to parliamentary questions on Ciprogate. Meanwhile, Natacha Rey (LLM IP student at UCT) has alerted Afro Leo this news article about the transformation of CIPRO to a commission following amendments to Companies legislation, commenting that "a commission is the opportunity SA IP needs...." If the success of the Competition Commission is anything to go by Ms Rey may well be correct.

Jeremy Speres (UCT LLM Student) sent in a short piece he wrote for a class, comparing the recent ECJ Advocate General's opinion on the AdWords matter with the decision of the US Court of Appeals for the Second Circuit in Rescuecom v Google, also concerning AdWords. Thank you Jeremy - we wait with bated breath for the ECJ decision. Afro-IP reported on the ECJ advocate general opinion recently: ECJ closer to Adwords decision.


Elizabeth Bourne (librarian, Bowman Gilfillan) has sourced the elusive and unreported Lollipop decision - the first reasoned decision of its kind regarding ambush marketing in RSA and S15(A) of the Merchandise Marks Act. Metcash were founding wanting after having been sued by Fifa for ambush marketing the 2010 World Cup Event by promoting their lollipops as "2010 Pops" with the national flag and footballs. Afro Leo wants to know Roshana's view (and any of yours) on this decision published shortly here and summarised by Fifa's counsel Kelly Thompson (Adams and Adams) here. He also wants to know why the decision is not reported.

Finally, Afro-IP notes that its email subscriber list has now passed 300, its LinkedIN subscription is at 60 and its two feeds reach over 100. The blog wishes to thank its followers but also invite them to contribute through the comment section on the blog, by sending upcoming events or offering guest posts. The several voices on the contributor list are not enough to cover the entire Africa nor are they sufficient to get the full and depth range of commentary on IP in Africa. The community is growing. Be part of it.

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Africa & ACTA

Africa & ACTA

By Darren Olivier   Tuesday, November 09, 2010   No comments:



An "ACTA" that is very effective

Writing for the The New Vision, consultant Peter Yehangane urges the EAC to join ACTA in its fight against counterfeiting in the region in this article here:

"I urge the EAC to consider joining the ACTA and to share knowledge and technical resources in fighting counterfeits and pirated goods. ACTA will not change member state's national laws on counterfeits, trademarks and patents, but seeks a common ground among member states to enforce rules on anti-proliferation of counterfeits."

The article provides a good overall summary of the counterfeiting problem in East Africa, the status of the anti-counterfeiting laws in the region and the development of the ACTA text.

ACTA's purpose has almost been overshadowed by the commentary over its secrecy which has naturally given rise to sceptics. The provisions of ACTA have also raised criticisms in their own right too. You can read more about the criticisms here. Afro Leo is not sure why not one single African country appears to have commented on the negotiations over ACTA especially as counterfeiting on the continent is, in his opinion, Africa's single largest IP challenge.

Peter is correct that East Africa (and for that matter Africa) should take more interest in ACTA but ACTA should also be encouraging more Africa participation. This is because the counterfeiting challenge in Africa is not only an African problem affecting those that live here but a worldwide challenge where counterfeits in Africa affect lives in countries outside Africa - for example, Africa is frequently described as the dumping ground for the world's unwanted goods which means that there is market for counterfeits or infringing overruns and because counterfeit goods are frequently transported via Africa to other parts the world. Furthermore, once ACTA has been agreed it will be encouraged as a template for African legislators and the knee jerk resistance will come from parties who will see it as an attempt by the developed countries to impose their trade conditions on African states.

To clarify Afro Leo is not necessarily advocating active African participation (because it may lead to obligations) but he is encouraging active African debate and the assessment of ACTA on African states. Now that the text of ACTA is less secret that debate  may be possible. Well done Peter on starting it.

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Adams & Adams Africa Network Meeting 11 August 2016 (part 2)

Adams & Adams Africa Network Meeting 11 August 2016 (part 2)

By Afro Leo   Monday, August 15, 2016   No comments:

 

Following on from Friday's post on the third annual AAANM,  the country reports were ably presented by Mohamed Eldib (North Africa), Brenda Matanga (Southern Africa), Dr Saudin Mwajake (East Africa) and Olusola Ogundimu (West Africa) and enabled a whistle-stop tour of Africa. Some of the developments and interesting points include:

• OAPI's accession to the Madrid Protocol has resulted in a substantial number of increased filings
• Nigeria is undergoing a substantial data capture program under the auspices of WIPO
• Nigeria's new cybercrime legislation has jail penalties, and regulates cybersquatting
• There are several high profile copyright cases pending before the courts in Nigeria involving COSON, FRCN, NNPC and NNPG. A recent copyright case involving MTN was settled.
• Lesotho is expecting copyright regulations to come into force soon
• Mozambique's new IP code came into force in December
• Malawi is expecting a new IP Policy
• South Africa's Copyright Amendment Bill and Makate knowhow case were highlighted
• Swaziland also has pending IP legislation to look out for
• Zambia's has new design legislation
• Egypt has mechanisms protecting against counterfeiting using smartphones
• The Creative and Cultural Industries Bill has provisions for promoting free trade of goods within the EAC, and for protecting IP
• Kenya has new legislation dealing with Plant Varieties - Seed & Plant Varieties Act CAP 326
• KECOBO is busy lobbying to strengthen copyright legislation with proposals for CMOs and copyright transfer verification processes for the transfer of copyright
• In Kenya an offensive trade mark includes a trade mark containing another
• Several recent copyright cases have been published in Kenya and there has been an interesting constitutional decision involving tobacco regulations
• Ethiopia's overhaul of its IP regime is 2012 is still receiving commentary
• Uganda has legislation on GIs and the new IPA 2014 is still under review
• A number of cases have come out of Rwanda and Uganda recently including one on image rights (Uganda)
• Tanzania's IPA includes provisions on knowhow and they are seeking ways to protect plant varieties
• Ghana is still considering draft legislation to implement the Madrid Protocol as well as a national IP policy and plant breeder protection
• There is no design protection in Ghana except through ARIPO
• The Gambia published a National IP Policy in April
• In June Liberia's IP Act was approved by the House of Representatives

Many of these developments have and will continue to be reported on by Afro-IP. Indeed, thanks to Brenda Matanga for crediting this blog in her research for her talk.

 

The day was followed by a cocktail evening and the second day was dedicated to meetings between attorneys in the firm and their country representatives. Really a worthwhile meeting this - well done Simon and Menzi for arranging.

Posted by Darren

 

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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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Monday - Counterfeit Focus

Monday - Counterfeit Focus

By Darren Olivier   Monday, March 01, 2010   1 comment:

The links below will remind you of why counterfeiting is Africa's single biggest IP problem. Look out too for Sara Spiro's ASA column due out today.

In a move that spells relief for Indian generic drug manufacturers, at least five East African countries—Uganda, Tanzania, Rwanda, Burundi and Sudan—have refused to endorse a proposal by the East African Community (EAC) to introduce an anti-counterfeit products law. The East African states have “refused to endorse the draft proposal and have demanded that the definition of generics be what WHO (World Health Organization) stipulates”, said Baguma, who is also a director of Ugandan generic drug firm Quality Chemicals Industries Ltd. (LiveMint)

Thousands of fake or bogus tickets for the football World Cup this summer in South Africa are being sold on websites including Gumtree for many times their face value, an investigation by The Times has found. Times Online

The South African Football Association and its technical sponsor Adidas said on Tuesday they would investigate the latest counterfeit Bafana Bafana jerseys being sold in Gauteng. (Eyewitness News)

Three Nigerian nationals were arrested in Johannesburg after being found in possession of counterfeit money, Gauteng police said on Tuesday. (News24)

Two police operations yesterday netted R1,1 million in counterfeit money and uncovered goods worth R42m in a Kempton Park warehouse. The operations were not related. The goods included fake Springbok rugby jerseys, Pringle shirts, kitchenware, shoes and Zam-Buk ointment worth about R5m. (IOL)

Counterfeit medicines are a widespread problem in developing countries. Like other counterfeits, they look like real products. But counterfeit drugs may contain too much, too little or none of the active ingredients of the real thing. (VOA Part 1 and Part 2 - Dangers of counterfeit drugs)

A new firm that sells office supplies has opened an office in Nairobi. Despec International says that apart from offering a wide range of products, it will also provide product training to help fight counterfeits. (Daily Nation)

Users of HP products in Ghana are at a higher risk of using fake products, especially printer cartridges as a result of growing counterfeiting. And Hewlett Packard (HP) is not sitting on the fence and watching. The company is acting to redeem its business and save customers. (Ghana Business News)

Pic Source

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Rwanda Joins ARIPO

Rwanda Joins ARIPO

By Asiimwe Paul   Monday, September 19, 2011   No comments:

Rwanda has finally joined ARIPO (Africa Regional Intellectual Property Organisation), having deposited its instrument of accession on the 24th June 2011. According to the ARIPO web site, "the Harare Protocol will enter into force with respect to the Republic of Rwanda on the 24th of September 2011".

This will bring the member states to 18. This is a significant step as Rwanda continues to set the pace as a the lead country in reforming its business environment, policies and legislation. Acceding to the Harare Protocol will assist Rwandan businesses to use the ARIPO system to file Patents, Trademarks and Industrial Designs within the 18 member states in an easier manner than before. More importantly, if the Rwandan Intellectual Property registry can show itself to be more efficient than other registries within the ARIPO system, it stands to reap more in terms of fees, as applicants may use it as the registry of choice.

This will continue to shed a positive light on Rwanda in the World Bank Doing Business index, as well as in the East African Community(EAC), where it continues to attract great attention as a good destination for investments in the services sector.

We welcome you Rwanda, thanks to the change makers at the Rwanda Development Board (RDB) and wish you all the best!

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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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