IP Workshop at the KIFFT: A Round Up.

The 6th Edition of the Kenya Film Festival (KIFF) is currently underway at various venues around Nairobi as well as other cities around the country. Included as part of KIFF are a number of workshops tailored generally at the film making industry. One of these workshops held on the 24th of October 2011 was the IP Rights and Exploitation Workshop coordinated by the Nigerian firm dtalkshop through one of its platforms 'Wetin Lawyers Dey Do...Sef?' used to bridge the gap between lawyers other professionals and the film industry players. The program of the day (picture on the left) included discussions on the relationships in the film industry and the role of other professionals in the industry; structuring contracts, licensing agreements ; identifying IP rights and tackling infringement as well as exploiting the finished products in the film industry. The workshop was attended by IP industry players who acted as resource persons and included Dr Marisella Ouma Executive Director of the Kenya Copyright Board ,Mr. Emeka Mba Director General of the Nigerian National Film and Video Censors Board, Mr. Dayo Ogunemi of Cinemax, producers and film makers Mr. Bob Nyanja, Mr. Jimmy Shamoon and Mr. Yahya Chavanga, Advocate Gerry Gitonga of Azania Legal Consultants as well as your writer. The coordinator and moderator of the event was Counsel Efere Ozako the principal of Efere Ozako & Associates Nigeria. The audience engaged the discussants on the topical issues where it became clear that the Kenyan Entertainment industry including film although a potential huge resource earner for the economy (last pegged as having the capacity to bring in Kshs. 40 billion) is still yet to have formal structures installed both for the development of film and further for the exploitation of film once completed. It was highlighted that there is a Draft Film Policy 2011 that is yet to pass in parliament but which attempts to create formal structures for the film industry. Distributors are required in the market to cater to the high demand of film products. There was an indication that there would be an increase in the number of theaters available in the country that would not only carry foreign film content but would also carry local and other African film content. Emphasis was put on local film makers to produce films that would appeal to the local market first and foremost. It was acknowledged that IP plays a major role in the film industry pre production (clearances, licences, sorting out ownership of rights, ip as means of finance for project, work for hire and commissioning contracts) and post production phases (character merchandising, infringement, protection) and the attendees were made aware of the various clearances and licenses that they would require and how they would go about obtaining the same (a follow up post on this in detail will follow in due course). Film makers were encouraged to approach lawyers to enable them to frame their needs in contracts and agreements that would better protect them and enable smooth exploitation of their products. The Nigerian perspective was canvassed by the Nigerian participants who gave lively ancedotes of the situation in Nollywood and compared with the Riverwood experience. Young film makers were encouraged to practice their craft as practice made perfect. Its difficult to canvass a topic about IP and films and not have a debate about piracy. It was clearly pointed out that the advent of pirates was a phenomenon that affected both Nollywood and Riverwood. The difficulty in succesfully prosecuting pirates was highlighted. I was glad to hear that section 36 of the Copyright Act 2001 had been challenged by constitutional reference although I do not fully agree with there being a contradiction between the Bill of Rights and the section per se it does need to be restructured and the fact that this was going on was encouraging (this is a whole other blog post altogether :) ). In conclusion, the IP Workshop was a great starting point for liasions between professionals in the film industry as well as lawyers. A platform was set up for further deliberation between individuals with the networking that went on after the event as well as the prospects for a similar event next year.

Dilution & Chanel

This letter from Chanel, short and sweet explains it all about brand dilution and (edit) genericization (yes its a real word) of trademarks (end edit) and why trademark owners ought to fiercely protect their brands. Though some may think it a mark of success that their brand is used as the 'SI-Unit' of a certain field it definitely does no favours for their IP portfolio!

Picture Source: http://blackfashion.tumblr.com/post/5838192564/even-though-this-tumblr-isnt-chanel-affiliated

IP Check-In

IP Check-in is a small group of individuals from diverse backgrounds with one thing in common. Their interest in Intellectual Property. The group meets bi-weekly at a venue announced in advance to have an informal, often lively, discussion on the current state of Intellectual Property in the country and within the region.

Although the discussion sometimes does turn academic (there are no less than four lawyers, three advocates and an IP Diploma holder in the group) the group tries to keep the discussion practical and thus relevant to what goes on, on the ground.

IP Check-in will soon open a blog and twitter account. I'll keep you posted!

I'm Just Saying.

My passion for IP was sparked by my fourth year LLB lecturer at the University of Fort Hare, Mr. Du Plessis. He walked into a 2pm IP class with a jar of marmite and a bottle of fanta. That was the beginning of my affair with IP.

I'm so passionate about it that my LLM thesis was based on IP related events and now I've been challenged to a rebuttal to respond to this article here, yes @kinyio is me.

Let me first say that copyright registration is a good idea, part of it anyway. However I don't believe its necessary. Lets look at it this way, the TRIPS agreement and Berne Convention tell us copyright protection should be formality free, this means that requirements such as registration of copyright before one can claim for infringement would go against these conventions.

Although there are countries such as the US which encourage registration of copyright, the standard rule is that copyright exists as soon as it is created and from then on your rights begin to flow. In the US registration of copyright enables the copyright owner to have a wider range of remedies should there be infringement and for works that originate from the US to have redress to the copyright infringement action, then the copyright has to be registered.

Registration makes things nice and tidy for the Government in terms of records of copyright material and copyright holders but for the owner of the copyright this just creates the illusion that your material is not yours until you register it. What happens then when someone copies your idea and rushes to have it registered before you?

Our copyright Act 2001 is drafted in such a way that copyright protection relies heavily on registration especially due to the introduction of the authentication device to be implemented by KECOBO and the KRA. This device was first thought to be a banderole system to track registered copyright goods. This could have easily been copied (ironic isn't it?) and fall prey of the very piracy it would seek to redress. I am more in favour (if you twist my arm that is) that a hologram system such as that implemented in Nigeria be used and am glad that recently the trend is that the device would be a hologram and bar code sticker system. The authentication device is meant to be for audio visual and sound works, and it appears that trading in these works without an authentication device would be illegal. Creating the question that if it is voluntary to register the copyright works why then would it be illegal to trade in goods that are not registered?

Its worth it to note that the UK did away with copyright registration back in the 1900s after the Copyright Act of 1911 came into play, this took away the almost perpetual right to copyright that was created by the trio of the Statute of Anne, the Star Chamber and the Stationers Company which granted licenses for printing of copyright works.

In a nutshell it seems the registration of copyright in Kenya is crucial if the Copyright Act 2001 is to actually work. The drafting of this Act seems to be geared toward the implementation of the authentication device to combat piracy. In my view there are other ways to combat piracy such as the new anti-counterfeit act, combining criminal offences and offering stiffer penalties and even convincing copyright holders to lower prices of their works to deter people from going for the fake stuff.