EAST AFRICA: IP EAST AFRICA QUARTERLY NEWSLETTER – Q3 2022

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Welcome to the latest issue of the East African IP Newsletter, filled with interesting articles by Bowmans particularly covering some key legal updates from the last few months.

The IP & Technology Practice continues to make strides as a thought leader in various sectors. The lawyers in the team have in the last decade, established themselves as thought leaders in Intellectual Property, Telecommunications, Media and Technology matters. We regularly go above and beyond to capture regulatory updates in the East African region and provide our thoughts based on years of experience.

We hope that you will find the features informative. If you require any further information, please do not hesitate to contact either me or any member of Bowmans IP & Technology Practice.


KENYA: Towards Protection of Children’s Rights in the Digital Space by Esther Kimanzi, Rose Njeru and John Syekei

With the rapid industrial revolution and digitization in Kenya and globally, coupled with access to the internet via various devices, children are vulnerable to various risks such as child trafficking, prostitution, child pornography, trafficking, early age exposure to alcohol advertising, cyberbullying and crimes like identity theft. The Communications Authority of Kenya (“CA”), established under the Kenya Information and Communications Act, 1998 (“KICA”) as the regulatory authority for Information Communication and Technology, has undertaken measures to protect children from these risks. For instance, in 2021, the CA launched a three-month campaign aimed at creating awareness to protect children.

To read more, click here.


KENYA: Emerging Topics in Trademark practice by David Opijah and Godana Galm

In recent years, technological advances have greatly changed the way brands present themselves. Brands are increasingly becoming aware of the commercial significance of a brand name being active in modern digital spaces. Corporations and even celebrities are looking to capitalize on their brands and growing their audiences by expanding their presence into the virtual world.

However, this raises complex legal questions at the heart of trademark law that practitioners must face ranging from the application of traditional goods or services in virtual spaces or the dangers of counterfeiting and brand dilution on intellectual property (IP) portfolios.

To read more, click here.  


TANZANIA: Passing off - COMMERCIAL CASE NO. 132 OF 2018: Kenafric Industries Limited (Plaintiff) vs. Lakairo by Evarist Kameja

On the 30th of May 2022, the High Court considered the principle of passing off in the judgement of COMMERCIAL CASE NO. 132 OF 2018 Kenafric Industries Limited vs. Lakairo Industries Group Co. Ltd., Lakairo Investments Co. Ltd., Lameck Okam Bo Airo, Registrar of Trade and Service Marks and Attorney General.

The principle of passing off refers to when a trader makes a direct or indirect misrepresentation to the public that their business is that of a competitor or is associated with a competitor’s business. Passing off is a common law tort, much similar to trademark infringement although in this case can be used to enforce unregistered trademark rights.

To read more, click here.


UGANDA: Objectives of NDPIII and how they aid in implementation of the National IP Policy, 2019 by Brian Manyire and Judith Kagere

Uganda’s National Development Plan (NDP) (NDPIII) runs from 2020/2021- 2024/2025. It is based on the vision to transform Uganda from a peasant to a modern and prosperous country within 30 years. NDPIII looks at an overall vision of increasing household incomes and improving quality of life for Ugandans. It considers inclusive growth, employment and wealth creation. The vision for Uganda based on NDPIII is for a modern centered, independent, integrated, resilient, self-sustaining economy.

To read more, click here.


MAURITIUS: PART 1 – Rules issued under the Virtual Asset and Initial Token Offering Services 2021 by Gilles Athaw, Sheena Jowaheer and Sahirun Subadar

Following the coming into force of the Virtual Asset and Initial Token Offering Services Act 2021 (the VAITOS Act) on 7 February 2022, the Financial Services Commission (FSC) has, by way of a communiqué issued on 15 July 2022, announced the coming into effect of the rules issued under the VAITOS Act. The FSC has published the rules which apply to all virtual asset service providers (VASPs) that carry out business in or from Mauritius as well as all VASPs which sell relevant products / services in Mauritius. Draft of such rules were initially issued by the FSC for public consultation. The highly anticipated rules (the Rules) which have now come into effect on 01 July 2022 cover minimum capital and other financial requirements, client disclosure requirements, custody of client assets, cybersecurity, publication of advertisements, risk management and statutory returns.

To read more, click here.