Use or Intention to Use for the Purpose of Filing Trade Mark Applications in Namibia and ARIPO
One of the most basic principles relating to trade marks is use: a trade mark is anything that is used or intended to be used to distinguish the goods and/or services of one trader from those of others in trade; a registered trade mark not used within a certain time after registration may be removed from the register; trade mark applications are filed in the name of the proprietor of a trade mark who is using or intends to use the relevant trade mark. In most countries, an ap
Rwanda’s Akabanga Chilli Oil Madrid Registration learns from the Missteps of Sriracha
On 15 September 2015 Rwandese company Enterprise Rwanda filed an application for the registration of its trade mark for popular Rwandan chilli oil "Akabanga", in 15 countries through the international trade mark application "Madrid" system. Akabanga is made from 80% pili pili (chilli) extract and 20% vegetable oil. The oil is sold in small bottles, similar to that of eye drops, reflecting its potency. With Chilli experts stating that the heat level measures just under 100,0
Kenya to Lift Ban on GMO’s
Despite the concerns of smallholder farmers and anti GMO campaigners, Kenya is set to lift its 2012 ban on genetically modified organisms (GMO) by November 2015. This announcement was made in August by Kenya’s Deputy President William Ruto who said the government would legalise the use of GMO technology and GMO seeds in two months. The main concern for smallholder farmers, is the possible expense of patented GMO seeds that prohibit re-use, require royalties to be paid for con
Is there a need for an Alternative Dispute Mechanism for Copyright Infringement in Nigeria?
The Nigerian Federal High court recently handed down a judgement in a copyright infringement case thirty years after the initial suit was filed. For close to 30 years, popular Nigerian afro pop musician King Sunny Ade has been following up on a suit he filed against record manufacturing company African Songs and its subsidiary Take Your Choice Stores in 1975. On November 13 2015 the High Court awarded King Sunny Ade N500 million ($2 500,000) as damages for copyright infringem
Opportunities and Challenges in Africa’s Pharmaceutical Industry
The slower growth in developed Western economies presents an opportunity for investment in Africa for healthcare and pharmaceutical companies. A 2015 report by McKinsey & Company states that in the years between 2003 and 2013, the value of Africa’s pharmaceutical industry increased by almost 5 times. The market is projected to double in value from US$ 20 billion to between US$ 40 billion and US$ 60 billion by 2020. This growth is speculated to be the result of urbanisation, i
First look at the 2015 Draft of the Nigerian Copyright Bill
The Registrar of the Copyright Comission recently released a notice requesting for comments on a newly drafted Copyright Bill found here and here . Since its independence in 1960, Nigeria has had two indigenous copyright legislations: The Copyright Decree of 1970; and The Copyright Decree 47 of 1988 (later codified as Copyright Act,
Chapter C28, Laws of the Federation of Nigeria, 2004 - following amendments in 1992 and 1999). The being the current operating legislation. Ni
Court of Appeal Validates Musical Copyright Society of Nigeria’s Right to Sue for Copyright Infringe
The Nigeria Court of Appeal has recently granted the Musical Copyright Society of Nigeria (MCSN) the right to administer, protect or sue for copyright infringement despite it not being a collecting society approved by the Nigerian Copyright Commission (NCC). The Musical Copyright Society Nigeria (MCSN) according to its Facebook page (its official website being currently “under construction”), is an incorporated collective association of authors, composers, arrangers and publi
Africa performs in the Global Innovation Index
Further to our blog post about AT Kearney’s African Retail Development Index (ARDI) report (which can be accessed here), we are happy to report that a number of African countries have also performed quite well in the 8th annual Global Innovation Index 2015 (GII) published jointly by the World Intellectual Property Organization (WIPO), Cornell University and INSEAD. The report can be accessed and downloaded here. The top performing African country is Mauritius (ranked 49th), w
Investment Registration for Rwanda Now Online
Ranked by the World Bank as the third easiest place to do business in Africa, recent developments in Rwanda may see it move a notch up the ranks following the launch of a new online platform for investment registration and issuance of environmental impact assessment certificates. Launched in October, the platform will enable investors to track and process tax exemption requests as well as request site assessments and allow for the submission of applications for the issuance
Legislative Developments in Zimbabwe
In May 2006, it was widely reported in the media that the Zimbabwean parliament intended to come up with legislation to deal with cyber crime. This legislation was to be contained in the National ICT Policy. After a nine year delay, the draft Computer Crime and Cyber Crime Bill appears ready. One of the more controversial clauses allows the government to conduct surveillance of citizens through forensic tools placed on electronic communication devices. Furthermore, the parlia
