"But the government insists that it owns the eCitizen portal based on permission from the IFC. Mr Okwacho says in his affidavit that, after Treasury and IFC declared the pilot phase complete, the latter allowed the government to take possession, control and ownership of the portal." The excerpt above is a bit worrying for me. It would really be good if one could see the pleadings because what I am seeing is a common mistake people make in IP. Ownership and licencing are not the same thing. If this is the true representation of the facts then ownership belongs to IFC, not GoK. I wonder if there was an IP rights expert present when they were preparing the documents, as the details I have seen are concerning. Either way, the Copyright Act states that anybody contracted to design for the Government has no copyright in the work that they do. So even if they argue from a licensing perspective, GoK still has a legitimate claim. I eagerly await the unfolding of this story. Kind regards, Deborah On Tue, Dec 20, 2022 at 10:12 AM Barrack Otieno via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Public services should not be used to enrich a few which off course is the status quo, it appears the projects were flawed by design and may need arbitration. I am curious to know who is paying IFC and whether they have managed to pay back their obligations. I suppose this could inform the true ownership of the system. It would also be good to know whether the contract was Build Operate Transfer or based on revenue share.
Best Regards
On Tue, Dec 20, 2022 at 7:58 AM Victor Kapiyo via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Court proceedings have revealed that both the government and Webmasters are staking claim to eCitizen’s intellectual property rights, a war that could grind several government services to a halt and potentially trigger an economic crisis.
https://nation.africa/kenya/news/government-services-face-shutdown-amid-thre... _______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
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