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IP East Africa Quarterly Newsletter – Q2 2022

24 May 2022
– 4 Minute Read


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 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 capture 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 to the World Trademark Review and to Chambers and Partners.

WTR Daily: The IP rights recordal system is now live: what you need to know by John Syekei, David Opijah, Agnes Akal and Stephanie Mulului

The Anti-counterfeit Authority (ACA) has now rolled out the long-awaited recordation of IP rights on a pilot basis. This follows the publication in the Official Gazette of the Anti-counterfeit (Amendment) Regulations 2021 via Legal Notice No 117, and the Anti-counterfeit (Recordation) Regulations 2021 via Legal Notice No 118 (collectively, the ‘2021 regulations’).

The recordal system is an electronic database known as the Anti-counterfeit Authority Integrated Management System (AIMS), where particulars relating to protected IP rights, IP rights holders/owners and appointed agents are captured and stored. This information is then used by the ACA to combat counterfeiting by verifying the status of recorded IP rights and the relevant persons to contact in case of suspected IP rights infringement. AIMS can also be accessed by border protection officers to ascertain the recordation status of goods to be imported into Kenya.

To read more, click here to read the World Trademark Review article we submitted.

Chambers & Partners: Fintech 2022 Guide: Kenyan Chapter by John Syekei, Dominic Indokhomi and Ariana Issaias

The Fintech 2022 Guide captures the Law, Practice, Trends & Developments of the sector in Kenya. Click here to find our more

Kenya: Blockchain and Data Protection by Ariana Issaias and Njoroge Kangethe

Blockchain Technology (BCT) is founded on a digital system based on the concept of distributed technologies. This digital system operates as a shared digital ledger which is used for recording data in blocks and each of these blocks represents a unique identifiable transaction.

To read more, click here.

Tanzania: Withholding Tax Treatment of Payments for Software by Evarist Kameja and Fabiola Ssebuyoya

Whereas the source of income for the payment of royalties generally applies to the use or right to use an intellectual property (“IP”), the provisions of the Tanzania Income Tax Act (“ITA”) may be construed to include one-off payments to acquire/purchase software within the scope of royalties and subject to withholding tax. In most cases, the Tanzania Revenue Authority (“TRA”) lifts the veil to apply withholding tax for the purchase of IP including software.

To read more, click here.

Uganda Steps Up Copyright & Related Rights Protections by Brian Manyire

On 28 January 2022, Uganda ratified and accede to four key copyright treaties – the Berne Convention, the WIPO Copyright Treaty, the WIPO Performances and Phonograms Treaty, and the Beijing Treaty on Audiovisual Performances.

To read more, click here.

Mauritius: An overview of the new regulatory framework of virtual assets and initial token offerings by Gilles Athaw, Sheena Jowaheer and Sahirun Subadar

At the end of 2021, Parliament passed the Virtual Asset and Initial Token Offering Services Act 2021 (Act) which came into force by proclamation on 7 February 2022. The Act was prepared in line with international standards to strengthen the development of key sectors and encourage innovation in fintech and regtech. The Act provides a comprehensive legislative framework for virtual asset service providers (VASPs) and issuers of initial token offerings (ITOs). The Act, in compliance with the Financial Action Task Force’s standards, includes provisions to mitigate the risk of money laundering, financing of terrorism and the proliferation of such related risks. This article highlights the key aspects of the Act.

To read more, click here.