IP & Kenyan Courts
Friends For those interested inIP in Kenya and associated litigation/precedents, here is something to chew on. It seems to me that our judiciary, legal practices and the like need to catch. Enjoy. ---------------------------------------------------------------------------------------------- Matunda Nyanchama, PhD, CISSP; mnyanchama@aganoconsulting.com Agano Consulting Inc.; www.aganoconsulting.com; Twitter: nmatunda; Skype: okiambe ---------------------------------------------------------------------------------------------- Be prepared for ICT security failures & know how to respond when they happen! Call: +1-888-587-1150 or info@aganoconsulting.com ---------------------------------------------------------------------------------------------- "The best revenge is massive success" - Frank Sinatra----------------------------------------------------------------------------------------------- This e-mail, including attachments, may be privileged and may contain confidential or proprietary information intended only for the addressee(s). Any other distribution, copying, use, or disclosure is unauthorized and strictly prohibited. If you have received this message in error, please notify the sender immediately by reply e-mail and permanently delete the message, including any attachments, without making a copy. Thank you.
Nyanchama,Listers IP Law is relatively new and even more so in our country.As we move towards "Information" or "Knowledge" Society status these kind of cases can only increase. The Courts will rely on how "Persuasive" the evidence submitted to it will be. It seems to me that time has come for our universities Schools of Law to start New Modules on "Intellectual Property Law" in their graduate programs in order to provide legal support to our large numbers of application developers who need to benefit from their intellectual capital. As for the present case,let the courts deal with it to the highest level,so that we are able as a country to develop enough jurisprudence for future reference. However,internationally, there is no shortage of suitable references on this subject but these need to be brought out as evidence and argued persuasively in order to win in court. John Kariuki ________________________________ From: Matunda Nyanchama <mnyanchama@aganoconsulting.com> To: ngethe.kariuki2007@yahoo.co.uk Cc: Security List <security@lists.my.co.ke>; KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Thursday, 5 July 2012, 2:33 Subject: [kictanet] IP & Kenyan Courts Friends For those interested inIP in Kenya and associated litigation/precedents, here is something to chew on. It seems to me that our judiciary, legal practices and the like need to catch. Enjoy. ---------------------------------------------------------------------------------------------- Matunda Nyanchama, PhD, CISSP; mnyanchama@aganoconsulting.com Agano Consulting Inc.; www.aganoconsulting.com; Twitter: nmatunda; Skype: okiambe ---------------------------------------------------------------------------------------------- Be prepared for ICT security failures & know how to respond when they happen! Call: +1-888-587-1150 or info@aganoconsulting.com ---------------------------------------------------------------------------------------------- "The best revenge is massive success" - Frank Sinatra----------------------------------------------------------------------------------------------- This e-mail, including attachments, may be privileged and may contain confidential or proprietary information intended only for the addressee(s). Any other distribution, copying, use, or disclosure is unauthorized and strictly prohibited. If you have received this message in error, please notify the sender immediately by reply e-mail and permanently delete the message, including any attachments, without making a copy. Thank you. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ngethe.kariuki2007%40y... The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development. KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
Listers, The decision in my view is unfortunate, and should be appealed. I am aware that UON Law School has over the years offered IPL in both undergraduate and graduate levels. What we must not forget is that sometimes the decision of any Court is only as good as the arguments before them. Last week, the Chief Justice unveiled a five year transformation framework<http://www.judiciary.go.ke/portal/assets/downloads/reports/Judiciary's%20Tranformation%20Framework-fv.pdf>for the Judiciary which seeks to turn it around and improve service delivery. As part of its transformation, the Judiciary has amongst other measures, already deployed legal researchers to assist Judges of the Supreme Court, the Court of Appeal and all High Courts in research and it is hoped that this effort will improve the quality of the decisions made by them and avoid cases like the one mentioned. The Judiciary is also recognises that ICT will be critical to the administration of justice and is already adopting their use in various courts. So players in the sector need to identify ways of helping the Judiciary achieve its goals through the new opportunities that will be created for doing business. Victor On 9 July 2012 11:05, John Kariuki <ngethe.kariuki2007@yahoo.co.uk> wrote:
Nyanchama,Listers
IP Law is relatively new and even more so in our country.As we move towards "Information" or "Knowledge" Society status these kind of cases can only increase. The Courts will rely on how "Persuasive" the evidence submitted to it will be. It seems to me that time has come for our universities Schools of Law to start New Modules on "Intellectual Property Law" in their graduate programs in order to provide legal support to our large numbers of application developers who need to benefit from their intellectual capital. As for the present case,let the courts deal with it to the highest level,so that we are able as a country to develop enough jurisprudence for future reference.
However,internationally, there is no shortage of suitable references on this subject but these need to be brought out as evidence and argued persuasively in order to win in court.
John Kariuki
------------------------------ *From:* Matunda Nyanchama <mnyanchama@aganoconsulting.com> *To:* ngethe.kariuki2007@yahoo.co.uk *Cc:* Security List <security@lists.my.co.ke>; KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> *Sent:* Thursday, 5 July 2012, 2:33 *Subject:* [kictanet] IP & Kenyan Courts
Friends
For those interested in IP in Kenya and associated litigation/precedents, here is something to chew on.<http://ipkenya.wordpress.com/2012/06/29/high-court-of-kenya-dismisses-copyright-infringement-case-against-oxford-university-press/#comment-549>
It seems to me that our judiciary, legal practices and the like need to catch.
Enjoy.
---------------------------------------------------------------------------------------------- Matunda Nyanchama, PhD, CISSP; mnyanchama@aganoconsulting.com Agano Consulting Inc.; www.aganoconsulting.com; Twitter: nmatunda; <http://twitter.com/#%21/nmatunda>Skype: okiambe
---------------------------------------------------------------------------------------------- Be prepared for ICT security failures & know how to respond when they happen! Call: +1-888-587-1150 or info@aganoconsulting.com
---------------------------------------------------------------------------------------------- "The best revenge is massive success" - Frank Sinatra
----------------------------------------------------------------------------------------------- This e-mail, including attachments, may be privileged and may contain confidential or proprietary information intended only for the addressee(s). Any other distribution, copying, use, or disclosure is unauthorized and strictly prohibited. If you have received this message in error, please notify the sender immediately by reply e-mail and permanently delete the message, including any attachments, without making a copy. Thank you.
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
-- Victor Kapiyo, LL.B ==================================================== *“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar *
participants (3)
-
John Kariuki -
Matunda Nyanchama -
Victor Kapiyo