[kictanet] IP & Kenyan Courts

Victor Kapiyo vkapiyo at gmail.com
Mon Jul 9 15:56:08 EAT 2012


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 at 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 at aganoconsulting.com>
> *To:* ngethe.kariuki2007 at yahoo.co.uk
> *Cc:* Security List <security at lists.my.co.ke>; KICTAnet ICT Policy
> Discussions <kictanet at 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 at aganoconsulting.com
> Agano Consulting Inc.;  www.aganoconsulting.com; Twitter: nmatunda;
> <http://twitter.com/#%21/nmatunda>Skype: okiambe
>
> ----------------------------------------------------------------------------------------------
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>
> ----------------------------------------------------------------------------------------------
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> 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,
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-- 
Victor Kapiyo, LL.B

====================================================
*“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar
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