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East Africa: IP Quarterly Newsletter – Q2 2024

Welcome to the latest issue of the East Africa IP Newsletter, where we bring you insightful articles and updates from Bowmans. Our IP and Technology Practice team has diligently compiled the key legal developments from the past few months into an engaging and informative read.

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Mauritius: International application and rights conferred by the Trademark Registration under Mauritian Law

On 6 February 2023, Mauritius became the 114th member of the Madrid system, relating to the International Registration of Marks, by depositing its instrument of accession to the Madrid Protocol. This accession has strengthened the position of Mauritius in Africa and the Indian Ocean, in terms of protection of industrial property rights. Since 6 May 2023, trade mark owners in Mauritius are now able to protect their trade marks in all countries that are contracting parties to the Madrid Protocol, by obtaining an international registration with effect in each of these countries. Hence, when there is an international application for a trade mark, whereby Mauritius is the country of origin, this application must comply with the provisions of the Mauritian Industrial Property Act 2019, in addition to the Madrid Protocol.

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Tanzania: Privacy rights and image exploitation: An analysis of Tanzanian High Court Case – Commercial Appeal No. 01 of 2023 Multichoice (T) Ltd vs Alphonce Felix Simbu & 2 Others

On 13 October 2023, the Commercial Division of the High Court of the United Republic of Tanzania considered an appeal centred on the right to privacy. Briefly, the Respondents in the appeal – 3 elite Tanzanian athletes – had filed Civil Case No 15 of 2021 in the Arusha District Court against the Appellant, MultiChoice (T) Ltd, for breach of the right to privacy by passing off their image rights without their consent. The Respondents alleged that the Appellant used their images to sensitize the public to subscribe to their services for viewing the athletes participating in the Olympic Games. These images were purportedly published on various channels, billboards throughout the country, and the Appellant’s official Instagram and Twitter accounts. At the end of the trial, the District Court entered judgement in favour of the Respondents and awarded them TZS 450,000,000 in general damages and 10% interest in addition, calculated from the date of filing the suit to the date of judgment. Aggrieved by the decision, the Appellant preferred an appeal to the High Court.

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Tanzania: The Fintech Regulatory Sandbox Regulations 2023

Tanzania: The Fintech Regulatory Sandbox Regulations 2023

The Bank of Tanzania (BoT) has recently issued draft regulations for establishing a Regulatory Sandbox, the Fintech Regulatory Sandbox Regulations 2023 (Regulations). The Regulations aim to create a conducive environment for innovative fintech to be tested in the market while ensuring adequate measures in place to protect customers.

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Kenya: Competition authority launches animal feeds sector inquiry

Kenya: Competition authority launches animal feeds sector inquiry

On 29 September 2023, the Competition Authority of Kenya (CAK) announced its intention to undertake a comprehensive market inquiry into the animal feeds sector (Market Inquiry).

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South Africa: AARTO compliance and employment ramifications

South Africa: AARTO compliance and employment ramifications

The Administrative Adjudication of Road Traffic Offences Act 46 of 1998, as amended by the Administrative Adjudication of Road Traffic Offences Amendment Act 4 of 2019 (AARTO) is not only about a demerit system against individual motorists for their road traffic violations.

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Our specialist practitioners share their knowledge and insights into a range of legal issues through various public speaking engagements, publications and media interactions. Subscribe to our legal updates to keep abreast of new developments.