Insights from the Kenyan International Data Privacy Day
Strathmore Law CIPIT Blog
by Florence A. Ogonjo
6d ago
International Data privacy day is an annual celebration commemorated on 28th January to recognize and create awareness about the importance of respecting privacy and safeguarding data. It is a day originally launched by the Council of Europe in 2006 marking the date on which the Council of Europe’s data protection convention, Convention 108, was opened for signature. On this date, governments, parliaments, national data protection bodies, and other actors carry out activities to raise awareness about the rights to personal data protection and privacy. 1 Through the Office of the Data Protectio ..read more
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National Digital Policy Plans in Africa for the Fourth Industrial Revolution (4-IR) Labour Market
Strathmore Law CIPIT Blog
by Natasha Karanja
1w ago
Introduction Fourth-Industrial-Revolution (4IR) technologies in Sub-Saharan Africa may have a double-edged impact. There is potential for “substantial economic growth and welfare benefits” as well as social and economic disruption that leads to the “widening of inequality.”1This develops a need for “countervailing policy” that aims to strike a balance between the creation of new formal employment using 4IR technologies and the skilling, reskilling, or upskilling of the current and future labour force to possess basic skills to operate and interact within this era.2 Considering the projected ou ..read more
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Non-Consensual Sharing of Intimate Images in Kenya: Can the Data Protection Act Help?
Strathmore Law CIPIT Blog
by Phionah Uhuru
1w ago
“But when you take a picture of yourself in the mirror, it was intended for somebody else so, actually, the person you sent the picture to actually owns that picture because it was intended as a gift. So whatever that person does with the picture…you don’t even own the nude picture of yourself anymore…so that’s how I am protected” – Bob Garfields.i The use of social media platforms has ushered in a new arena for gender-based violence. There is a rising practice of sharing intimate images online, occasionally, without the consent of the subject.ii Oftentimes, the images are intended for the pri ..read more
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Digital rights cases to watch out for in 2023
Strathmore Law CIPIT Blog
by Francis Monyango & Rachel Achieng
2w ago
Digital rights cases to watch out for in 2023 2022 was a busy year in corridors of justice. Moreso, in the realm of digital rights. Despite it being a political year, there were a number of digital rights cases that were filed and are yet to be concluded. We look at a few of those cases below. Meta – Sama case In May 2022, a petition was filed in Nairobi’s employment and labour relations court against a local outsourcing firm Samasource Kenya EPZ, also known as Sama, and social media giant Meta. The petition alleges that contracted content moderators are subjected to unfavourable working c ..read more
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INTELLECTUAL PROPERTY AND ARTIFICIAL INTELLIGENCE: CAN TRADE SECRETS PROTECT AI?
Strathmore Law CIPIT Blog
by Joshua Kitili
1M ago
Different definitions of trade secrets exist in various jurisdictions around the world. However, they share some common elements as enumerated below: It is not generally known among or ‘readily accessible to circles that generally deal with the kind of information in question.’1 Absolute secrecy is therefore not required. They have ‘actual or potential commercial value attributed to their secrecy.’2 They should be subject to ‘reasonable steps taken by the rightful holder of the information to keep it secret.’3 Therefore any information that has secrecy, commercial value and reasonable ..read more
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COPYRIGHT PROTECTION IN KENYA: CIPIT’S SIMPLIFIED GUIDE FOR CREATIVES AND INTELLECTUAL PROPERTY LAW PRACTITIONERS
Strathmore Law CIPIT Blog
by Cynthia Nzuki
2M ago
“Creativity is inventing, experimenting, growing, taking risks, breaking rules, making mistakes, and having fun.” – Mary Lou Cook It goes without saying that the creative and arts industry give life to the society we live in. Kenya has seen and is experiencing growth in its arts and creative industry. This is evidenced by the increased number of series, plays, music, and art produced and published; and the increase in support from various key stakeholders to elevate and expand the industry. Even so, there is still an awareness gap when it comes to understanding the rights that protect and gove ..read more
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Left on Our Own: COVID-19, TRIPS-Plus Free Trade Agreements, and the Doha Declaration on TRIPS and Public Health
Strathmore Law CIPIT Blog
by CIPIT
2M ago
Left on Our Own: COVID-19, TRIPS-Plus Free Trade Agreements, and the Doha Declaration on TRIPS and Public Health   By Melissa Omino and Joanna Kahumbu RESEARCH PAPER 170, 17 NOVEMBER 2022 : https://www.southcentre.int/research-paper-170-17-november-2022/ The post Left on Our Own: COVID-19, TRIPS-Plus Free Trade Agreements, and the Doha Declaration on TRIPS and Public Health appeared first on Centre for Intellectual Property and Information Technology law ..read more
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Copyright Infringement and Social Media Influencing: The Wakadinali Dilemma
Strathmore Law CIPIT Blog
by Larry Chula
2M ago
Copyright infringement has once again become an issue of concern in the Kenyan music industry. Recently, Wakadinali, a Kenyan music group, claimed that the copyright in one of their songs known as ‘Geri Inengi’ had been infringed. The group claims that Brian Mutinda, a social media influencer, synchronised the Geri Inengi song to a video in which he was marketing KCB Bank Kenya Limited’s (KCB) products. The Wakadinali group claimed that this synchronisation was done without a license or permission from them. In summation, the Wakadinali group on 29th June issued a demand letter through their a ..read more
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IGF Day 0:I&JPN “Framing, Mapping and Addressing Cross-Border Digital Policies in the Africa Union” Report launch
Strathmore Law CIPIT Blog
by Francis Monyango
2M ago
Internet & Jurisdiction Policy Network launched their “Framing, Mapping and Addressing Cross-Border Digital Policies in the Africa Union” report on Monday, November 28, 2022 at the Internet Governance Forum being held at Addis Ababa, Ethiopia. This year’s theme of the Internet Governance Forum is “Resilient Internet for a Shared Sustainable and Common Future.” The meeting programme is guided by five themes drawn from the Global Digital Compact in the UN Secretary-General’s Our Common Agenda report which are: Connecting All People and Safeguarding Human Rights Avoiding Internet Fragment ..read more
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The Role of Copyright Law in Text and Data Mining Research
Strathmore Law CIPIT Blog
by Natasha Karanja & Chebet Koros
2M ago
When evaluating the copyright ecosystem within the African continent, a perceived imbalance is identified, where researchers face barriers in accessing materials protected by copyright.1 It has been claimed that African copyright regimes do not accommodate public interests because they do not support the research of various stakeholders, specifically within the new era of Artificial Intelligence research. For this reason, and according to one African scholar, African copyright regimes are considered “not fit for purpose”.2 The majority of the African copyright laws provide for a closed list of ..read more
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