Litigation

The amendments introduced through The Statute Law (Miscellaneous Amendments) Act Number 18 of 2018, which come into effect in January 2019, have provided significant changes in intellectual property rights (IPRs), as this Act involves amendments in several laws of the Industrial Property Act (2001), the Copyright Act (2001), the Protection of Traditional Knowledge and Cultural Expressions Act (2016) and The Anti-Counterfeit Act (2018) (“the ACA Act”).

When CultureTree's tweet and hashtag #Yorubaisnotforsale went viral, it ignited an online debate about whether registering a trademark name for an ethnic group is cultural appropriation.

The Yoruba people – who live mainly in Benin, Nigeria and Togo – represent around 35 million people in Africa, making them one of the largest ethnic groups on the continent. Most are from Nigeria, where they represent up to 15.5% of the country’s population.

The Democratic Republic of the Congo’s Industrial Property Law has been in force since 1982. Article 5 stipulates that there are three kinds of patent:

The production of counterfeit goods is common in the trademark field as it is a business opportunity based on the consumer’s inability to identify second-generation goods.

Laws surrounding this activity include:

It is manifest the growing interest of mankind in disruptive themes as Artificial Intelligence (AI). As we have been analyzing, this theme has increased its significance as the inventions reach new and inspiring outcomes. This article intends to analyze if there have been a growing tendency on patent applications related to AI in the European Patents Office or if, besides all the euphoria, we are still far away from a technological boom particulary inventive.

Counterfeit products are everywhere nowadays, filing the markets with twin scourges,  often very similar, or even fairly identical to the originals, with almost certainly lower quality but much cheaper, which makes them very understandably more attractive for consumers that have no means to purchase the real deal – the first generation goods.

The real impact of Artificial Intelligence (AI) in the various fields of Law is still largely unknown. However, as stated in the European Parliament resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics (2015/2103(INL))  (v. 015/2103(INL)), no one doubts that this industrial revolution “is likely to leave no stratum of society untouched”, which is why is “vitally important for the legislature to consider its legal and ethical implications and effects, without stifling innovation” (vid. p. 3, B).

Kenya has given a major step concerning anti-counterfeiting by approving a Customs Recordal Application system. This procedure will be made possible by an amendment to the Kenyan Anti-Counterfeiting Act No. 13 of 2008.

Artificial Intelligence (AI) has already opened the door to our reality and we have not even realized it. Think again who believes that a world endowed with technological autonomy without constant human aid is a utopia or a subject of bygone centuries. Far from it; we face and live in a century where the great questions of our society need further guidance.

The Ministry of Trade of the Democratic Republic of Congo announced an increase of about 15% on the country’s official fees regarding intelectual property, that covers trademark, patent and design registrations.

If you wish to know more about this matter, please contact us at africa@inventa.com .