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Kenya

Brazil calls for ‘.amazon’ delay, Swatch and Samsung face-off, and Lithuanian open IP data: news digest

In our latest round-up, we look at Jerry Seinfeld filing a lawsuit over a ‘counterfeit’ Porsche, a draft policy in India that could empower platforms to blacklist counterfeit sellers, and much more.

Brazil calls for ‘.amazon’ delay, Swatch and Samsung face-off, and Lithuanian open IP data: news digest
12 Feb 2019

Plain packaging passed in Singapore, cat photo trademarks, and US Senate IP subcommittee: news digest

In our latest round-up, we look at a new report showing 70% of Kenyans use counterfeit products, a new system developed to identify fake logos, the Spanish football league scoring a piracy win, and much more.

10 Dec 2018

How INTA is helping to shape the trademark environment in Africa and the Middle East

This week, INTA is hosting its 2018 Middle East and Africa Conference. As the event kicked off, we spoke with an INTA representative to look at recent developments and why an annual meeting in the region is “a natural step”.

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13 Jun 2019

Cross-examination and the WOKOZIM case: a new direction for proceedings in Kenya?

A recent decision of the assistant registrar of trademarks within the context of an application for expungement of the mark WOKOZIM shows that, in certain circumstances, a deponent can be asked to appear physically for cross-examination. Read more

2 May 2019

High Court clarifies legal position on conflicting trademark and business name rights

A recent Kenyan High Court decision has clarified the legal position in respect of the conflict between trademark and business name rights, which has arisen primarily because the trademarks registry and the business names registry are not interlinked. Read more

1 Mar 2019

Customs recordals now possible in Kenya

As a result of a recent amendment to the Anti-counterfeiting Act, Kenya now has a system of recording trademarks with the customs authorities. Under the new system, the Anti-counterfeit Agency will be able to stop the import of counterfeit goods at ports of entry. Read more

28 Sep 2018

How similar is too similar? Lloyd Schuhfabrik Meyer test affirmed

The assistant registrar of trademarks in Kenya has found that Jaguar Land Rover’s F-PACE mark is not similar to Shanghai Durotyre’s earlier PACE mark and affirmed the test laid out in Lloyd Schuhfabrik Meyer. Read more

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Anti-counterfeiting

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2 Aug 2018

Parallel imports remain a grey area for IP rights in East Africa

Kenya, Tanzania and Uganda each have different legal approaches to the treatment of parallel imports, making generalisations dangerous for trademark owners and importers alike. Read more

Brand management

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14 Feb 2018

“This puts a stake in the ground”: why brands must pay attention to the Maasai IP initiative

An initative which represents the Maasai tribe of Kenya and Tanzania in efforts to gain control over commercial uses of its cultural ‘brand’ has recently secured a deal with Koy Clothing. We speak with the negotiator behind the agreement on why it matters for brands. Read more

7 Apr 2017

Movable Property Security Rights Bill - towards IP financing

Currently, it is not possible to acquire financing in Kenya on the basis of an intangible asset such as intellectual property. The Movable Property Security Rights Bill, which was recently published, seeks to change this position.  Read more

Enforcement and litigation

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13 Jun 2019

Cross-examination and the WOKOZIM case: a new direction for proceedings in Kenya?

A recent decision of the assistant registrar of trademarks within the context of an application for expungement of the mark WOKOZIM shows that, in certain circumstances, a deponent can be asked to appear physically for cross-examination. Read more

2 May 2019

High Court clarifies legal position on conflicting trademark and business name rights

A recent Kenyan High Court decision has clarified the legal position in respect of the conflict between trademark and business name rights, which has arisen primarily because the trademarks registry and the business names registry are not interlinked. Read more

1 Mar 2019

Customs recordals now possible in Kenya

As a result of a recent amendment to the Anti-counterfeiting Act, Kenya now has a system of recording trademarks with the customs authorities. Under the new system, the Anti-counterfeit Agency will be able to stop the import of counterfeit goods at ports of entry. Read more

27 Jun 2018

Important amendments to IP law proposed: dual trademark registration to be introduced?

Proposed amendments to the Anti-Counterfeiting Act suggest that all marks relating to goods to be imported into Kenya must be recorded with the Anti-counterfeit Authority and trademark registration will be a prerequisite. Read more

Goverment/policy

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28 Sep 2016

Court of Appeal upholds High Court decision in Doshi case

The Kenya Revenue Authority, a statutory body which assesses, collects and accounts for all revenues for the Kenyan government, has appealed against the judgment in Doshi Iron Mongers Ltd v Weights and Measures Department that found in favour of Doshi, a private Kenyan company dealing in general merchandise. Read more

Portfolio management

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14 Feb 2018

“This puts a stake in the ground”: why brands must pay attention to the Maasai IP initiative

An initative which represents the Maasai tribe of Kenya and Tanzania in efforts to gain control over commercial uses of its cultural ‘brand’ has recently secured a deal with Koy Clothing. We speak with the negotiator behind the agreement on why it matters for brands. Read more

15 Sep 2017

Changes in Mozambique and Kenya to trademark applications and renewals

The Mozambique Industrial Property Institute has announced that it will increase its official fees for the filing and prosecution of trademark and patent applications. In Kenya, the Registrar of Trademarks has published practice directions which effectively remove the additional 30-day notice period for the renewal of trademarks. Read more

7 Apr 2017

Movable Property Security Rights Bill - towards IP financing

Currently, it is not possible to acquire financing in Kenya on the basis of an intangible asset such as intellectual property. The Movable Property Security Rights Bill, which was recently published, seeks to change this position.  Read more

29 Mar 2017

Trademark procedures and strategies: Kenya

Any person claiming to be the proprietor of a trademark that it uses or proposes to use may apply to register the mark. Where an applicant appoints an agent to act on its behalf, the applicant must provide the agent with a power of attorney signed in the agent’s favour. This power of attorney need not be legalised. Read more

Trademark law

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2 Aug 2018

High Court Sony decision: are well-known marks really protected?

In a decision that "may be a shock to many", the Kenyan High Court has held that Sony Corporation had failed to prove that its SONY mark was a well-known mark in Kenya. Read more

27 Jun 2018

Important amendments to IP law proposed: dual trademark registration to be introduced?

Proposed amendments to the Anti-Counterfeiting Act suggest that all marks relating to goods to be imported into Kenya must be recorded with the Anti-counterfeit Authority and trademark registration will be a prerequisite. Read more

10 May 2018

Counterfeiting in Africa: part one of an A-Z guide

The world is awash with counterfeit goods, with Africa proving no exception. In the first of part of our A-Z, we examine the anti-counterfeiting frameworks from Algeria to Morocco. Read more

5 Apr 2018

Does mere use confer protection? High Court provides answer

Following the decision of Kenya's High Court in Fibrelink Limited v Star Television Production, prior use of a similar mark is now sufficient grounds for an opposition. Read more

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Trademark procedures and strategies: Kenya

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Brazil calls for ‘.amazon’ delay, Swatch and Samsung face-off, and Lithuanian open IP data: news digest

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High Court clarifies legal position on conflicting trademark and business name rights

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How INTA is helping to shape the trademark environment in Africa and the Middle East

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A new dawn for Kenya

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Cross-examination and the WOKOZIM case: a new direction for proceedings in Kenya?

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High Court clarifies legal position on conflicting trademark and business name rights

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Customs recordals now possible in Kenya

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How similar is too similar? Lloyd Schuhfabrik Meyer test affirmed

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