TRADE RELATED INTELLECTUAL PROPERTY AND INNOVATION IN KENYA AND AFRICA

Challenges to intra-EAC trade from the perspective of EAC Intellectual Property Rights and Rules of Origin, (2010) Dr Ben Sihanya and Dr Hellen Ommeh Nattu.

Intellectual Property and Technology Transfer Administration in Kenyan Universities (forthcoming 2010) Moi University Law Journal. This is a paper to be presented as the keynote address at Moi University at its 6th Annual International Conference on Knowledge Management and Applied Technological Innovations for Sustainable Development,’ from  September 7 to 11, 2010.


 Recent Research in IP & Innovation

“Copyright law in Kenya,” International Review of Intellectual Property and Competition Law, Journal of the Max Planck Institute for Intellectual Property, Competition and Tax Law, Germany, (in press, 2010) Editorial Board by Prof William Cornish, Prof Paul Goldstein et al (refereed).

Marisella Ouma and Dr. Ben Sihanya “Access to Knowledge in Africa: The Role of Copyright: ‘Kenya’“ (forthcoming 2010) a study under the auspices of the African Copyright and Access to Knowledge (ACA2K) project and IDRC Acacia Initiative for Africa and Shuttleworth Foundation Intellectual Property Rights programme (launched at the University of Cape town, South Africa July 31, 2010.)

Ben Sihanya “Copyright in E-Commerce and Music Industry in Kenya,” in Prof Moni Wekesa and Ben Sihanya (eds) (2009) Intellectual Property Rights in Kenya, Konrad-Adeneur-Stiftung, Nairobi, pp. 133-176 (peer reviewed). Printed on October 23, 2009 and launched on November 10, 2009, at Panafric Hotel, Nairobi.

Ben Sihanya “Combating Counterfeit Trade in Kenya” in Prof Moni Wekesa and Ben Sihanya (eds) (2009) Intellectual Property Rights in Kenya, Konrad-Adeneur-Stiftung, Nairobi, pp 207-266 (peer reviewed). Printed on October 23, 2009 and launched on November 10, 2009, at Panafric Hotel, Nairobi.

Ben Sihanya “Intellectual property and mentoring for innovation and industrialization in Kenya,” Law Society of Kenya Journal, Vol. 5, 2009 No. 1, pp. 29-57, eds: Prof Albert Mumma, Dr Elizabeth Muli, Dr Ekuru Aukot, Mumbi Ngugi, Betty Nyabuto, et al, Editor-in-Chief: George O. Otieno Ochich  (refereed).

Ben Sihanya “Intellectual property, quality assurance and ISO in Kenyan universities,” Law Society of Kenya Journal, Vol. 4 2008 No. 1, pp. 35-65, eds: Prof Albert Mumma, Dr Elizabeth Muli, Dr Ekuru Aukot, Mumbi Ngugi, Betty Nyabuto, et al. Editor-in-Chief: George O. Otieno Ochich   (refereed).

Ben Sihanya “Intellectual property and mentoring for innovation and industrialization in Kenya,” University of Nairobi Law Journal, Vol. 4 issue 1, 2008, pp. 20-46, Consulting Eds: Dr Ben Sihanya and Mr   Kyalo Mbobu. Peer reviewers were drawn from academics at University of Nairobi Law School.

Ben Sihanya “Intellectual property and mentoring for innovation and industrialization in Kenya,” University of Nairobi Law Journal, Vol. 4 issue 1, 2008, pp. 20-46, Consulting Eds: Dr Ben Sihanya and Mr   Kyalo Mbobu. Peer reviewers were drawn from academics at University of Nairobi Law School.

Ben Sihanya “Patent law and practice in Kenya,” International Review of Intellectual Property and Competition Law, Volume 38, 6/2007, pg 648–658, Journal of the Max Planck Institute for Intellectual Property, Competition and Tax Law, Editorial Board by Prof William Cornish, Prof Paul Goldstein et al (refereed).

Ben Sihanya “Intellectual property for innovation and industrialization in Kenya,” in Proceedings of 2006 JKUAT Scientific, Technological and Industrialization Conference, Harnessing Scientific and Technological Synergies for Innovation and Industrialization, Jomo Kenyatta University of Agriculture and Technology, Nairobi, October 26-27, 2006 (published 2007), pp. 38-58 (refereed).

Ben Sihanya “Patents, parallel importation and compulsory licensing of HIV/AIDS drugs in Kenya,” study under the auspices of the World Trade Organisation (WTO) and Adelaide University, a Chapter in Peter Gallagher, Patrick Low, and Andrew L. Stoler (eds) Managing the Challenges of WTO Participation, Cambridge University Press, London (2005) (peer reviewed).

Ben Sihanya “Intellectual property confronts counterfeiting in Africa: protecting innovators and consumers in the cyber society,” Chapter 19 in Prof Thomas Wilhemsson, et al (eds.) (2001) Consumer Law in the Information Society Kluwer Law International, London; pp. 329-364; peer reviewed by International Association of Consumer Law (IACL) members – Consumer Law experts in five continents and other experts (peer reviewed).

Ben Sihanya “Intellectual property and innovation in Kenya: legal and regulatory issues in business incubation,” in Prof Bernard Aduda (ed) Science and Technology Park Development for Sustainable Industrial Growth, Jomo Kenyatta University of Agriculture and Technology, Proceedings of the National Workshop in Commemoration of the Scientific Revival Day of Africa, June 2004, Kenya National Academy of Sciences (KNAS), Nairobi, pp. 41-58. (refereed).

COPYRIGHT AND TRADEMARKS LAW

The Copyright and Trade Mark Law Programme falls under our main Intellectual Property Law and Innovation Programme at Innovative Lawyering and Sihanya Mentoring (IL & SM).

Copyright and related rights Project covers copyright in primary and secondary works. The primary works are literary works (books and digital); artistic works; and musical works. The secondary and derivative materials include sound recordings, broadcasts, audiovisual materials and rights in performance. The research, publishing, training, mentoring and consulting are mainly centred on Kenyan and African copyright and related rights.

Our research, training, publishing, consulting and mentoring as well as practice on trade mark law includes, advising, agency services, registration, protection, promotion, enforcement, litigation, transactional facilitation, and administration or management of trade marks and brands. The focus is on Kenya and African states as well as Africa’s regional and sub-regional institutions like the African Regional Intellectual Property Organization (ARIPO); East African Community (EAC) and the Common Market for Eastern and Southern Africa (COMESA). We also liaise with agencies in Economic Community of West African States (ECOWAS) and the Southern African Development Community (SADC).

Innovative Lawyering & Sihanya Mentoring and its associates consult on copyright, trade mark and intellectual property (IP) for intergovernmental and leading transnational agencies including the World Intellectual Property organization (WIPO) and the World Trade Organization (WTO) hence the vast expertise in trade marks law. The Chief Executive Officer at IL, Prof Ben Sihanya, teaches Intellectual Property at the University of Nairobi. IL & SM and its associates have consulted for the WIPO, WTO, United Nations Educational, Scientific and Cultural Organisation (UNESCO), Consumers International (CI), and the Government of Kenya.

Prof Ben Sihanya has been a keynote speaker at various symposia, colloquia, conferences, workshops and seminars including under the World trade Organisation (WTO); the World Intellectual Property Organisation (WIPO); UNESCO; under the Kenya Copyright Board (KECOBO); Kenya Industrial Property Institute (KIPI); Open African Innovation Research and Training (Open-AIR) and the programme on Africa Copyright and Access to Knowledge (ACA2K).

He also keynoted at the International Conference on Science, Technology and Industrialization at the Jomo Kenyatta University of Agriculture and Technology (JKUAT); at the 60 Years of German Constitution (2009); at the International Council for Traditional Music (ICTM) and at Uganda Technology and Management University (UTAMU) in August 2015, and at the East African Law Society as well as Continuing Legal Education (CLE) Seminars in Bujumbura, Burundi and Zanzibar on April 14-16, 2014.

Prof Ben Sihanya has studied, taught, lectured or mentored in at least 23 countries in Africa, the United States (US), South America, and Europe.

In July 2015, Prof Ben Sihanya was appointed to the Board of Directors, Kenya Industrial Property Institute (KIPI). He has been the Chair of the Copyright Authority (the Kenya Copyright Tribunal) and previously on the Kenya Copyright Board.

IL & SM also participated in the legislative drafting of the Kenya Copyright Act, the Industrial Property Act, and the Anti-Counterfeiting Act.

Ongoing Research in Copyright and Related Rights.

  1. Ben Sihanya (2015) “Introduction to Copyright” in the Utafiti News a publication of the Office of the Deputy Vice-Chancellor (Research Production and Extension), University of Nairobi. <,p>

  2. Ben Sihanya (2015) “Understanding copyright” in the Utafiti News a publication of the Office of the Deputy Vice-Chancellor (Research Production and Extension), University of Nairobi.

  3. Ben Sihanya (forthcoming 2015) “Imitative innovation in the age of bling in Kenya: the case of hip hop music University of Nairobi Law Journal,”

  4. Ben Sihanya (forthcoming 2015) “Copyright in Audio-visual works in Kenya” South African Intellectual Property Law Journal , (SAIPLJ), L. Tong and C. Ncube (eds), Juta Co Ltd.

  5. Ben Sihanya (2014) “Reflections on Open Scholarship Modalities and the Copyright Environment in Kenya” in Jeremy de Beer et. al (eds) Innovation and Intellectual Property; UCT Press, University of Cape Town. 203-233, (Chapter 9).

  6. Ben Sihanya (2013) “Rights in a performance in Kenya” South African Intellectual Property Law Journal 59-85, (SAIPLJ), L. Tong and C. Ncube (eds), Juta Co Ltd (November) (Chapter 8).

  7. Ben Sihanya (2012) “Digital copyright in Kenya,” Vol 8 2012 No.1 Law Society of Kenya Journal pp. 119-148.

  8. Ben Sihanya (2010) “Copyright law in Kenya,” International Review of Intellectual Property and Competition Law, Journal of the Max Planck Institute for Intellectual Property, Competition and Tax Law, Germany, (in press, 2010) Editorial Board by Prof William Cornish, Prof Paul Goldstein et al (refereed).

  9. Marisella Ouma and Dr. Ben Sihanya (2010) “Access to Knowledge in Africa: The Role of Copyright: ‘Kenya” A study under the auspices of the African Copyright and Access to Knowledge (ACA2K) project and IDRC Acacia Initiative for Africa and Shuttleworth Foundation Intellectual Property Rights programme (launched at the University of Cape Town, South Africa July 31, 2010.)

  10. Ben Sihanya (2009) “Copyright in E-Commerce and Music Industry in Kenya,” in Prof Moni Wekesa and Ben Sihanya (eds) (2009) Intellectual Property Rights in Kenya, Konrad-Adeneur-Stiftung, Nairobi, pp. 133-176 (peer reviewed). Printed on October 23, 2009 and launched on November 10, 2009, at Panafric Hotel, Nairobi.

  11. Ben Sihanya (2005) “Copyright law, teaching and research in Kenya,” revised article Vol. 2, 2005 East African Law Journal, (published 2006) (SOJ/EALJ/123/06). Advisory Board: Prof H.W.O. Okoth-Ogendo, Prof Patricia Kameri-Mbote, Justice Prof J.B. Ojwang.

  12. Patricia-Kameri Mbote & B.M. Sihanya (1993) “Intellectual property rights North and South” Media Development Journal of the World Association for Christian Communication (London) Vol. XL, pp. 20-21.

  13. Ben Sihanya with Kennedy E. Sihanya, (February, 1990) “Invention and innovativeness: Kenya’s copyright and patent laws,” Sheria Issue No. 2, University of Nairobi Law Students’ Magazine.

Trade Mark Law Publications

  1. Ben Sihanya, (forthcoming 2015) “Trade Mark Law and Registration in Kenya and Africa,” in Ben Sihanya, (forthcoming 2015), Intellectual Property and Innovation in Kenya and Africa: Transferring Technology for Sustainable Development, Innovative Lawyering and Sihanya Mentoring, Nairobi and Siaya, Chapter 13.

  2. Ben Sihanya, (forthcoming 2015) “Trade Mark Proprietorship Infringement and Defences in Kenya and Africa,” in Ben Sihanya (forthcoming 2015), Intellectual Property and Innovation in Kenya and Africa: Transferring Technology for Sustainable Development,” Innovative Lawyering and Sihanya Mentoring, Nairobi and Siaya, Chapter 14.

  3. Ben Sihanya (forthcoming 2015) “Trade mark law and practice in Kenya,” NIALS Journal of Intellectual Property [NJIP]

  4. Ben Sihanya (forthcoming 2015) “Intellectual property and technology transfer administration in Kenyan universities,” Moi University Law Journal; Innovative Lawyering & Sihanya Mentoring Working Paper Series.

  5. Ben Sihanya (2008) “Intellectual property for innovation and industrialisation in Kenya,” Convergence, Vol 4. No. 2. October 2008, pp. 185-213, Journal of the International Bar Association, London.

  6. Ben Sihanya (2007) “Patent law and practice in Kenya,” International Review of Intellectual Property and Competition Law, Volume 38, 6/2007, pg 648–658, Journal of the Max Planck Institute for Intellectual Property, Competition and Tax Law, Editorial Board by Prof William Cornish, Prof Paul Goldstein et al (refereed).

  7. Ben Sihanya (2005) “Patents, parallel importation and compulsory licensing of HIV/AIDS drugs in Kenya,” study under the auspices of the World Trade Organisation (WTO) and Adelaide University, a Chapter in Peter Gallagher, Patrick Low, and Andrew L. Stoler (eds) Managing the Challenges of WTO Participation, Cambridge University Press, London (peer reviewed).

  8. Ben Sihanya (2003), ‘Patent Wars Raging over AIDS Cure,’ Daily Nation, Opinion: Pandemic, December 17, 2003, at p.9.

  9. Ben Sihanya (2001) “Intellectual property confronts counterfeiting in Africa: protecting innovators and consumers in the cyber society,” Chapter 19 in Prof Thomas Wilhemsson, et. al (eds.) (2001) Consumer Law in the Information Society Kluwer Law International, London; pp. 329-364; peer reviewed by International Association of Consumer Law (IACL) members – Consumer Law experts in five continents and other experts (peer reviewed).

See more articles and presentations which are available at www.innovativelawyering.com. See also blogspot: www.sihanya@innovativelawyering.com/blogs; YouTube; https://www.youtube.com/watch?v=jyPJcRXs8qk.