Kim Rampersadh

The administration of intellectual property in Kenya is currently fragmented. The Kenya Industrial Property Institute (“KIPI”) administers patents, trade marks, utility models and industrial designs under the Industrial Property Act and the Trade Marks Act. The Kenya Copyright Board (“KECOBO”) administers copyright under the Copyright Act and the Anti-Counterfeit Authority (“ACA”) combats counterfeiting in terms […]

The Tobacco Products and Electronic Delivery Systems Control Bill saw additional progress towards the end of June this year. Specifically, the Portfolio Committee on Health adopted a motion of desirability of the bill in an almost unanimous vote at a recent meeting. This means that the committee acknowledged that the legislation is required in principle […]

With the prolific rise of online gambling, the trade mark and regulatory landscape is also an area of growing interest worldwide, including in South Africa. In the USA, Kalshi Inc., which describes itself as a “regulated exchange dedicated to trading on the outcome of future events”, previously applied for trade marks covering “Bookmaking services” and […]

It has been well reported that the Tobacco Products and Electronic Delivery Systems Control Bill (“the Tobacco Bill”) aims to tighten regulations around smoking and vaping. Specifically, the bill seeks to introduce plain packaging, which is standardised packaging devoid of branding, including logo trade marks. In addition, the Bill initially sought to treat nicotine and […]

It is only natural and prudent to want to protect a personal brand by acquiring a trade mark, but there is a common misconception that using or registering a personal name or full names as a trade mark is an absolute right. In trade mark law, distinctiveness and priority are paramount. Specifically, the law considers […]

Labubu, first a mystical book creature and creation of Kasing Lung, recently took the world by storm as a collectible plush toy, developed and marketed by Pop Mart. The appeal has been driven by limited-editions, themed-collections and blind box buys. Social media influencers have added to the hype and status of the toy by unveiling […]

Influencer beauty gurus of South Africa were abuzz this past weekend with the announcement of a Rhode pop-up store at Mall of Africa. TikTokers wasted no time in running to secure the bag and soon feeds on all social media platforms were filled with hauls and unboxings and reviews of what was deemed to be […]

I have recently been exposed to the exploits of Mikey Turtle in Minecraft and Roblox minigames and experiences, but my exposure has been enough to lead me down the video game rabbit hole. Video game content plays a significant role in digital entertainment and is lauded, and sometimes criticised, for its social and economic impact. […]

Since 2021, we have seen the rise and rise of NFTs (non-fungible tokens). The NFT boom has been powered by the sale of NFT artwork, the first-ever tweet on Twitter and even popular memes, which have all fetched a pretty penny. The hype following the minting and sale of some NFTs has also brought into […]

In this matter[1] Rafiki Microfinance Bank Limited, the Respondent, used an image of Mutuku Matingi, the petitioner, on its pamphlets in the promotion of its credit or financing facility, “Get a boda”, for the purchase of motorcycles, also known as a “boda boda” in Kenya. The Petitioner was a boda boda driver and made a […]

In what is believed to be the first case of its kind, the Ethiopian Supreme Court has issued a decision recognizing rights in an unregistered label trade mark in the context of opposition proceedings which culminated in an appeal to that court The Appellant in this case was The Procter & Gamble Company, or P&G, […]

Dance as a copyright-protected work came under the international spotlight over the last year in the USA.