The battle of the ring tones: boon for artists

Following the introduction of a caller ring back tone service by mobile phone operator Zain- branded ZIKI; Safaricom has also introduced its own service by the name SKIZA.

The service enables subscribers to choose a preferred song and set it as their ring back tune for callers to listen to while waiting for the call to be picked up.

To use a single tune, Zain customers have to pay a monthly fee of Sh40 and while Safaricom has pegged its fee at Sh.25.

While the competition between the networks intensifies, its good news for the local musicians who stand to generate additional revenue in licence fees paid for use of their music as ring tones.

Unsanitary patent war over sanitary bin

As reported by Afro-IP here the battle between Sanitam Services Ltd and Rentokil Initial Kenya Ltd over patent infringement rages on. This time round it was Rentokil (the plaintiff) instituting proceedings in the High Court to restrain Sanitam (the defendant) from threatening, intimidating, harassing, embarrassing and confusing Rentokil’s clients and customers over sanitary bin it provides to them.

Rentokil made the application for temporary injunction after Sanitam wrote letters to various companies warning them to stop using sanitary bins supplied by the plaintiff, which the defendant considered to be infringing its patent AP 773 granted by ARIPO.
In contention it was the defendant’s case that by using the bins supplied by the plaintiff, the said clients were infringing the Sanitam patent.

It is worth noting that this is the fourth time in the last 10 years the parties are in court over the issue of infringement of the same patent. The matter goes back to 1999 when Sanitam sought a temporary injunction against Rentokil, which was denied by the High Court. There after the matter went for full hearing and again Sanitam lost with the Court ruling that it had not proved a case of infringement. Sanitam appealed to the Court of Appeal and prevailed in obtaining in 2006 a permanent injunction to last for the “life of the patent”.

Last year alone Sanitam obtained injunctions against a number of companies, among them Nairobi Bins, reported here and Hygiene Bins.

In the current battle with Rentokil one wonders at the expense the parties have incurred in the last 10 year they have been at each others throat. Would it not perhaps make time and shilling wise sense for the parties to settle the matter out of court? Wouldn’t a licensing arrangement be a win-win situation? Or are we likely to continue witnessing some more epic battles in the trilogy. Now that we have seen the first 4 episodes, is there likelihood of episode V- the empire striking back.

For star wars episode I-VI here

Transport Ministry to vet patented speed governors

IP Kenya has spotted a rather curious notice by the Ministry of Transport, which states that the Ministry is in the process of vetting all speed governor fitters and is inviting the fitters to submit the following:

1. Type and model of governor.


2. Patent right/manufactures authorization letter to fit the speed governors.


3. Kenya bureau of Standards certification.


4. Sample of compliance certificate issued to customers.
   

IP Kenya wonders why the ministry requires the fitters to have patented gadgets. Though the notice does not say, what will happen to fitters who may have not bothered to patent or whose patent rights have expired?

A patent on how to bypass a speed governor here

BrandKenya: The task of Branding Kenya’s exports

A report in the nation indicates that, in a move to shape the image of the country, the Brand Kenya Board is hoping to convince Kenyan exporters to include the BrandKenya logo on all products originating from Kenya.

According to the CEO the Board will be holding stakeholder meetings for the next 6 months and all manufacturers are expected to come together to agree on the use of the logo.

However and in contrast to the trend in other countries where companies pay a fee to use such logos on their products, the Board will not charge any fee.

The Brand Kenya Board was formed in March 2008 to develop a national identity and image to market the country internationally as a tourism and conference destination, export leverage, Foreign Direct Investment, internal and external public diplomacy. To this end, the Board is developing a strategy to create a strong and positive image for Kenya as well as foster international confidence in the country.

Scientist and MP differ over GMO law

The Nation reports that a University of Nairobi scientist, Gideon Nyamasyo and Imenti North MP differed over whether Kenya should adopt genetically modified crops to counter food shortage. In supporting the recently passed Biosafety Bill 2008, the lecturer said adopting GMO technology was the only way Kenya could free herself from the prevailing hunger. He believes that Kenyans lacked awareness on the importance of GMOs largely because personal interests have overshadowed proper debate.

However, the MP dismissed the lecturer’s suggestions, saying Kenyans would be put at risk if the technology was adopted. The MP was of the view that only a few people would benefit if the Biosafety Bill 2008 becomes law as only those who are financially able will control the seed sector.

The Biosagety Bill 2008 seeks to establish a National Biosafety Authority to regulate activities in genetically modified organism. The Bill further aims to facilitate research into and minimize the risks that may be posed by GMOs. According to information on the Parliament’s website, the Bill was passed 9th December 2008 and is only waiting for assent by the President to become law.

The multi-billion counterfeit Industry

In an investigative report, the Standard details how wheeler-dealers in the counterfeit industry go about their “business”. From mobile phones to spirits, the counterfeit barons are able to imitate any “commodity.” All they require is a sample or even a photograph of the genuine item and they will have a fake one manufactured in China at a fraction of the retail price in Kenya.

The barons are also defrauding the Kenya Revenue Authority of billions of shilling by making fake revenue stamps that are mainly used by manufacturers of wines and spirits. For example, one Chinese baron was found with 25,000 pieces of revenue stamps each retailing at Ksh 5. The stamps are then sold to unregistered manufacturers to sell unlicensed wines and spirits. KRA is worried that the fake stamps are perfectly made to look real and a layman will not notice the difference.

Need for new IP Laws?

Writing for the Standard Newspaper, Harold Ayodo is of the opinion that Parliament should enact new intellectual property “laws to enable citizens reap maximum benefits from innovation.”

He also believes that such laws are necessary to “protect ideas and information of commercial value” in order to stop “reproduction of works without permission from innovators.”

The writer further contends such laws would protect the public universities who are “victims of foreign institutions” who take credit for breakthroughs in joint research studies. This is perhaps in reference to the dispute in 2000 between the University of Nairobi and Oxford University over patent ownership and omission of Kenyan scientist as inventors in a patent application.

Whereas it is true as the writer says that the economy loses billions of shillings due to infringement of IP rights, it is debatable whether the causal agent is lack of IP laws, as he seems to suggest or weakness in existing laws.

As this blog has argued, the problem is not lack of IP laws but general weakness in the various existing laws, and more so to do with the thorny issue of enforcement. Such weaknesses in existing laws should be addressed through suitable amendments rather than enactment of other pieces of legislation, which seems to be the preferred thinking.

Research leads to a new wheat variety

The Standard reports that a team of scientists have bred a drought and disease resistant wheat variety code named NJORO –BW1. The report indicates that the team, led by Prof Miriam Kinyua of Moi University, produced the variety using induced mutation — a novel nuclear plant breeding technique.

The new variety has enabled small-scale farmers to plant on farms once considered too poor to cultivate. The variety is now cultivated on more than 10,000 hectares and its popularity among Kenyan wheat farmers is increasing.

Note on Prof Kinyua's work here

Christmas break

As reported by Afro IP here, with the Parliament having gone on recess last week marks the end of the road for the Anti Counterfeit Bill 2008.

Hopefully the break and the new year will inject fresh ideas to take the process to a another level other than debating on whether to distinguish counterfeit medicine from other counterfeit goods.

As suggested by the Afro IP post, it may be necessary to decide whether to orientate the debate on how to tackle the menace of counterfeits in a different direction such as amending the existing laws rather than coming up with another layer of law which comes with its own added baggage.

On that score IP Kenya would also like to take a deserved Christmas break until January next year.

We wish our readers a merry Christmas and a happy new year.

New malaria drug in the making?

The standard Newspaper reports that researchers at Kenya Medical Research Institute (KEMRI) are on the verge of a major breakthrough in the fight against malaria. It is reported that research on a plant, phytolacca dodecandra, found in Turkana District promises to produce an effective pesticide against mosquitoes.

According to one of the researchers Pamela Were, field tests have proved that the plant can kill mosquitoes in all their life stages; for example, it kills the mosquito larvae within ten hours of exposure. The plant is very effective in low doses and the chemical extracted from the plant has potential to be used as a pesticide.

The research is in the final stages and the researchers expect to patent and licence the invention in the course of next year.

According to a wikipedia entry, the plant Phytolacca dodecandra is variously known as endod, Gopo Berry, or African soapberry and is a trailing shrub or climber native to Africa. The plant is cultivated mainly in Ethiopia where it is used as a soap and shampoo as well as a poison to stun fish. The plant is lethal to snail - a fact discovered by Ethiopian scientists . After an Ethiopian scientist demonstrated the plants potency to American scientists, they took out a patent (US 5252330), hoping to sell it as a biological control for the Zebra mussel, a pest in the Great Lakes of the US and Canada.

Hopefully the Kenyan scientists will not demonstrate or have not demonstrated the potency of their research to the American Scientists.

Singapore Treaty on Trade Marks to enter into force in March 2009

According to a WIPO press release, the Singapore Treaty on Trade Marks will come into force on 16th March 2009 following ratification by Australia on 16th December 2008. Australia becomes the tenth country to ratify the treaty to make it operational.

The release indicates that WIPO Director General, Francis Gurry, who coincidentally is Australian, welcomed this development saying, “the entry into force of the Singapore Treaty was good news for trademark owners around the world as it opened the way for the branded goods industry to register and manage trademark rights cost-effectively and efficiently.”

The Singapore Treaty was adopted by WIPO member states in Singapore in March 2006. The Treaty standardizes procedural aspects of trademark registration and licensing and enables owners of trademarks and national trademark authorities to take advantage of efficiencies in using modern communications technologies to process and manage evolving trademark rights.

Kenya signed the Treaty on 28th March 2006, but has not ratified it.


Key features of the treaty are that
· It recognises all types of marks, including non-traditional visible marks, such as holograms, three-dimensional marks, colour, position and movement marks, and non-visible marks, such as sound, olfactory or taste and feel marks. However the Treaty does not impose any obligations on Contracting Parties to (i) register new types of marks, or (ii) implement electronic filing systems or other automation systems
· It leaves Contracting Parties the freedom to choose the form and means of transmittal of communications and whether they accept communications on paper, communications in electronic form or any other form of communication. This has consequences on formal requirements for applications and requests, such as the signature on communications with the Office.
· It does not require authentication, certification or attestation of any signature on paper communications. However, Contracting Parties are free to determine whether and how they wish to implement a system of authentication of electronic communications.
· It provides for relief measures when an applicant or a holder has missed a time limit in an action for a procedure before the Office. Contracting Parties are required to make available, at their choice, at least the following relief measures: (1) extension of the time limit, (2) continued processing and (3) reinstatement of rights if the failure to meet the time limit was unintentional or occurred in spite of due care required by the circumstances.
· It provides for recording of trademark licenses, and establishes maximum requirements for the requests for recordal, amendment or cancellation of the recordal of a license.
· It creates an Assembly of the Contracting Parties.
· It introduces a degree of flexibility for the definition of details concerning administrative procedures to be implemented by national trade mark offices where it is anticipated that future developments in trade mark registration procedures and practice will warrant the amendments of those details.
· It has provisions for assisting developing and least developed countries (LDCs) with technical and technological support to enable them to take full advantage of the provisions of the Treaty.

AS of now no developing country or LDC has ratified the treaty, hopefully they will do so in the near future and take advantage of the technical and technological support envisaged in the treaty in order to modernise their trade mark registries, especially in terms of eletronic communication.

Summary of the treaty is available here.
The full treaty is available here

WIPO announces Strategic Change Program

A press release by WIPO indicates that following the approval by Member states of a revised program and budget on December 12, 2008 the Orgainization has initiated a comprehensive program of strategic change in the direction and work “to enable the Organization to respond more effectively to the rapidly evolving technological, cultural and geo-economic environment.”
The revised program and budge sets out nine strategic goals including-

.balanced evolution of the international normative framework for IP,
.facilitating use of IP for development,
.provision of premier global IP services,

.building respect for IP;
.developing global IP infrastructure;
.responsive communication;
.becoming the world reference source for IP information; and
.addressing IP in relation to global policy challenges, such as climate change, public health and food security.

The program under the direct supervision of the Director General, is dedicated to ensuring effective coordination of work to implement the WIPO Development Agenda and 22 posts will be created to address critical skills gaps in the Organization.

Geographical indications for Kenyan coffee

The current issue of WIPO magazine carries an article on some famous appellation of origin (a special kind of geographical indication (GI) consisting of a geographical name used on products which essentially derive certain quality or characteristic from the geographical region). The article gives examples of products such as the Parma ham from Italy, Tequila from Mexico and Feta cheese from Greece, which are identified by consumers using their geographical names.

Closer home and as reported in the Daily nation here, a seminar on GI sponsored by the French Embassy was held last week in Nairobi. The report indicates that in order to raise demand and possibly raise prices for Kenyan coffee in the international market the Government with the assistance of France plans to brand coffee according the respective regions of origin.

From French experience, the process of obtaining a geographical indication is long, first involving detailed scientific tests of the regions to demonstrate their uniqueness that gives rise to the distinctiveness of the products from those regions. Moreover, the relevant bodies need to be set up to administer the system and control use of the GI.

From the report, it appears that certain studies have already been undertaken in Nyeri and Kirinyaga districts where 178 samples were tested for their intensity, aroma, bitterness, acidity and other qualities. In addition, the legal framework is being worked out, and a draft Geographical Indications Bill is in the pipeline.

Previous post on GI branding for tea here

Primer on Copyright protection for artists

Business daily carries an article by Cathy Mputhia on how artists’ creations are protected by the copyright law in Kenya. Despite the writer using the words copyright and mark interchangeably, the piece briefly touches on rights available, the criteria for protection of the work, administration, offences and penalties provided under the Copyright Act of 2001 for infringement of the rights.

New Copyright body for Southern and Eastern Africa

According to Intellectual Property Watch, a new copyright body, Southern and Eastern Africa Copyright Network (SEACONET) has been formed to strengthen regional collaboration and cooperation in the field of creative industries, copyright and related rights.

The Malawi based body comprising of seventeen African countries will also focus on fighting piracy and harmonisation of copyright laws in the 17 affiliated sub-Saharan African countries.

According to the IPwatch report, the need to create the body is due to the lack of a regional forum where issues relating to the promotion and protection of creative industries, copyright and related rights could be discussed.
The body, according to Allafrica.com is to come up with new methods of combating piracy in the region and to create an information database for artistic and cultural activities.
The countries involved are Angola, Botswana, Kenya, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, South Africa, Swaziland, Seychelles, Tanzania, Uganda, Zambia and Zimbabwe

Preventive treatment of Malaria reduces anaemia and improves classroom attention in school children

According to a research report published in the current issue of the Lancet, preventive treatment for malaria reduces the prevalence of malaria infection and anaemia among schoolchildren, and significantly improves their classroom attention. However, in contrast to a study done in Sri Lanka, the study did not find improvement in educational achievement among the children.

The study by a team of scientists from Kenya, UK and US, and funded by Gates malaria Partnership was carried out in 30 primary schools in Western Kenya among children aged 5-8 years who were given the treatment at 4 months interval.

The report further observes that even though some children did not complete the dose of treatment because of the bitter taste of the malarial drug amodiaquine, the outcome was similar among the children who received complete and incomplete treatment.

According to the report, the findings illustrate the “possible gains of integrating malaria control into broader school health programmes” and there may need for further research to investigate any long-term educational benefits.

Mark of quality may make goods disappear from market

According to Business Daily some consumer goods not bearing the East African Standardisation mark may be removed from supermarket shelves from tomorrow. This is in line with the requirement for all locally manufactured goods to bear the quality mark as agreed by the by the EAC members states.

According to the report, Nakumatt Supermarket has issued a notice of its intention to remove all non conforming goods from its shelves as the deadline for compliance takes effect in all the EAC countries from 1st July 2008.

As previously posted here, Kenya Bureau of Standards has consistently alerted Kenyan manufacturers of the requirement for their manufactured goods to carry its standard seal indicating that their quality has been certified. However IP Kenya is sceptical of the extent to which adhering to the standard will advance the stated objective of eradicating the menace of counterfeiting and substandard products in the region.

To beat the deadline the counterfeiters may have moved ahead and put their act together to “comply” with the requirement by branding their products with the quality mark. As a recent case in Uganda demonstrates, at least some counterfeiters are ahead of the deadline and have branded their products with the diamond quality mark.

As reported here and here the case concerned importation into Uganda of counterfeits BIC pens by a Ugandan company Wenbara Trading Company Ltd. The pens were imported from China described as writing plastic materials but on verification by Ugandan Revenue Authority the cargo was found to contain pens marked as “BIC” and “made in Kenya”. The boxes containing the pens were also branded with the diamond mark of Kenya Bureau of Standards and falsely indicating that the pens were made by Haco Industries in Kenya.

Endowment fund for research and innovation

A report in the Nation reveals that the government will in the next financial year establish a Ksh 250 million endowment fund to support research and innovation. The disclosure is attributed to the Permanent Secretary in the Ministry of Higher Education Science and Technology Prof Crispus Kiamba who was opening a regional scientific workshop organized by the Kenya National Academy of Sciences. Prof Kiamba is also reported to have disclosed that a Science, Technology and Innovation policy paper will be presented to the cabinet for deliberation.

Comments
It is not clear whether this fund is the same or is a supplement to the fund outlined by the Minister for Finance during the budget speech (see earlier post here) to promote science, technology and innovation.

However it may appear that the two funds are separate components since the budget speech proposal was for Ksh. 300 million and in the current financial year whereas the latest proposal will be implemented from the next financial year.

IP Kenya can only (re)reiterate what the Minister for Finance said during the budget speech that science, technology and innovation will play an important role in driving the country’s growth through promotion of efficiency, productivity and competitiveness.

Sweet dose for malaria patients

Writing in the Daily Nation’s Horizons magazine, Gatonye Gathura reports that scientist have artificially produced artemisinin, the compound used for treatment of malaria, and within 3 years it will be possible to produce enough to treat all malaria cases in the world.

He reports that in a research funded by Gates foundation, the scientists have produced artemisinin from yeast in a process similar to that of brewing bear and the partnership with Sanofi-Aventis is gearing up for industrial production of the drug.

While this is good news for malaria patients, this new scientific development will deal a big blow to farmers in the country who have recently taken up farming the artemisinin producing herb-artemisia annua. Reportedly the farmers on average are making Ksh 20,000 annually from a ¼ acre of land from cultivating the herb which is in demand especially by Swiss pharmaceutical company Norvatis which is a major manufacturer of the malaria drug.

The process of producing artemisinin by extracting it from the dried leaves of the herb is labourious, making the cost of the drug expensive for malaria patients- especially in developing countries.It is hoped that the new method of producing artemisinin will dramaticaly bring down the price of treatment to the level of making it the cheapest anti-malarial drug.

2008 Budget: 300 million fund to promote science, technology and innovation

In his budget speech, the Minister for finance Hon. Amos Kimunya has outlined a number of proposals to promote science technology and innovation in order to enhance growth and employment in the country. To achieve the long term growth of the country he proposed several measures in key sectors of the economy. One of the 5 key measures meant to spur higher productivity and expanded employment opportunities is promotion of industrial research, technology and innovation

He reiterated that science, technology and innovation will play an important role in driving the country’s growth through promotion of efficiency, productivity and competitiveness.

To entrench a culture of science, technology and innovation, he said the government will introduce several proposals for debate in parliament including;

• A national policy for science, technology and innovation


• A bill to upgrade the National Council of Science and Technology to the National Commission of Science and Technology


• Creation of the National Science Foundation and National Innovation Agency.
  
  

He also said that the government recognizes the critical role played by SMEs as catalysts for economic transformation and industrialization. To this end the government will facilitate SMEs growth. The government will also facilitate expansion of business incubation services to support over 100 additional enterprises and creation of 100 software development enterprises.

To achieve these objectives the Minister allocated Ksh. 300 million towards innovation and piloting program covering various projects such as;

• Fish leather processing in Kisumu


• Mango processing in Malindi, Kerio Valley and Muranga


• Mini-leather processing in Garissa, Pokot, Migori and Bungoma


• Honey processing in Eldama Ravine, Kajiado and TARDA regions


• Cashew nut and palm wine processing in Kwale and Malindi


• Fruit processing in Meru, Tharka Nithi and Kendu Bay


• Rehabilitation and upgrading of technology for a leather development center in Nairobi.