Some Gleanings: Intellectual Property Rights Infringement in the Digital Environment


IP Kenya

Recently, IPKenya was privy to a Q&A session between a member of the group “IP-Checkin” (@IPCheckin on twitter) and Dr. Marisella Ouma, Executive Director of KECOBO. One particular item stood out:

IP Check-in:Has KECOBO considered how to have Section 36 come into full effect with regard to the Digital Works? Is there a definition of digital works as well forthcoming? Or can the definition of works in the current Act be extended and if so how?

Dr. Ouma:Section 36 currently applies to physical copies only. In the digital environment, the rights holders have to use technological protection measures. However, discussions on the amendment of the section to encompass the digital environment works are on going. There is no specific definition of digital works as the works are the same whether in physical or digital format. (Copyright will still cover literary, artistic, and musical works as well as sound…

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