Welcome to this year’s 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.
Bowmans IP & Technology Practice Continues to Make Strides as a Thought Leader in Various Sectors
Our IP & Technology Practice has, in the last decade, established itself as a thought leader in Intellectual Property, Telecommunications, Media and Technology matters. We regularly go above and beyond to scope out any regulatory updates in the East African region and provide our thoughts based on years of experience.
Various global organizations now reach out to us to give insights and contributions on several topical issues, the most recent of which have been: the Lexology 2022 ‘Getting the Deal Through’ report on Fintech, which John Syekei, Ariana Issaias and Sharon Odeny contributed to, a Know-Your-Rights guide for journalists prepared by Angela Mukora for UNESCO in collaboration with Thomson Reuters, a data infrastructure article prepared by John Syekei that was available on various media outlets and various articles written for the World Trademark Review, which we have included in this quarterly digest.
We are proud to continue to be your port of call for any legal assistance you require in IP & Technology matters. For assistance on any IP , Telecoms or Technology matter, please do not hesitate to contact John Syekei or any other member of the IP & Technology practice.
Application of the Data Protection Act in Kenya: The ‘Huduma Namba Decision’ by Ariana Issaias
The High Court recently delivered a clear message that the Constitutional right to privacy must be respected, observed and protected and this right has been in existence since the Constitution was implemented and did not first arise with the enactment of the Data Protection Act 2019 (“DPA”). Any subsequent legislation is intended to give effect to the already existing Constitutional right and is clearly important in order to ensure that a legal framework exists, however the absence of such legislation does not mean that these rights can be ignored.
To read more, click here
Tanzania: Godrej Case – Re-Examining the Jurisdiction of the Commercial Court by Francis Kamuzora
On 27 April 2021 the High Court of Tanzania, in Godrej Consume Products Limited v Target International (T) Limited (Commercial Case No 60/2019), once again re-affirmed its own competence to entertain trademark cases. This decision comes 21 years after the decision in Kibo Match Group Limited v Mohamed Enterprises (T) Limited (Civil Case No 6/1999 (unreported)), in which the Commercial Court’s jurisdiction to entertain trademark disputes was questioned for the first time.
This is an important decision which serves to clarify the distinctions between the role played by the Commercial Court and that played by the Office of the Chief Inspector of Merchandise Marks. It is hoped that the Godrej case will now have settled the question of the jurisdiction of the Commercial Court in trademark disputes.
To read more, click here to read the World Trademark Review article we submitted.
Uganda High Court issues landmark decision on industrial design infringement by Brian Manyire
On 28 June 2021 the High Court of Uganda rendered a landmark decision in Migoo Industrial and Trading Company (U) Limited v Rida International Industry (U) Limited (Civil Suit 0359/2019). This is the first Ugandan High Court decision on the infringement of industrial design rights.
To read more, click here to read the World Trademark article we submitted.
