P. Katana

Legal Mind | Lawyer | Advocate Trainee

ℹ️This user is not in love, but love is a good thing.

[MALCOM (Machaji na Manyonyois) @ArnoldMalcom01]

Different platforms different reactions

[P. Katana @PeterM86574]

@georgevictor001 😂😂😂😂😂

[P. Katana @PeterM86574]

The designer may object if the modification or other derogatory action is prejudicial to their honour or reputation.
Section 32(3) also gives the author a right to seek relief.
Paying for a work doesn't necessarily erase the creator's moral rights.

#IPSERIES 15D15
#CopyrightLaw

[P. Katana @PeterM86574]

A designer creates a poster for a company. The company acquires the copyright but heavily alters the design and removes the designer’s name.
The designer objects, saying the changes damage his reputation.
Can he still object?
#IPSERIES 15D15
#Copyright #KIPI

[P. Katana @PeterM86574]

Even if economic rights have been assigned, the author retains the moral rights recognised by Section 32.
So, “I bought the copyright” does not automatically mean:
“I can alter the work however I want.”

[P. Katana @PeterM86574]

But if copyright was assigned, ownership may have transferred.
Also, under Section 33(3), an assignment or exclusive licence must be in writing and signed to have effect.
Know what you're signing.

[P. Katana @PeterM86574]

A photographer licenses a company to use his photographs for 2 years.
The company assumes it now owns the copyright and starts selling the photographs to third parties.
Did the photographer transfer ownership? Can I still own my copyright?
#IPSERIES 14D14
#Copyright #KIPI

[P. Katana @PeterM86574]

A licence can be limited by acts, duration or geographical area under Section 33(2).
So read the agreement carefully.
If the photographer merely granted a 2-year licence, the company does not automatically become the copyright owner.

[P. Katana @PeterM86574]

Section 20(1E) recognizes a farmer’s privilege to use harvested produce obtained from planting a protected variety on their own holding, within reasonable limits and subject to safeguarding the breeder’s legitimate interests.
So, what matters is what the farmer did with it.

[P. Katana @PeterM86574]

Can I be sued for planting and selling a new variety of maize?
A farmer develops a high-yield maize variety and obtains plant breeder’s rights. Another farmer gets the seeds, multiplies them and sells the harvested seed to other farmers.
Can the breeder sue?
#IPSERIES 13D13 #KIPI

[P. Katana @PeterM86574]

So, can the farmer be sued?
Potentially, yes.
But there is an important exception.

[P. Katana @PeterM86574]

Know what you are selling.
A counterfeit deal can become a criminal offence, seizure,forfeiture, destruction and a very expensive legal battle.
ℹ️This is not legal advice. This general information. Consult a lawyer for professional legal advice.
#intellectualproperty #kenya #KOX

[P. Katana @PeterM86574]

Can you get into legal trouble?

You start a business selling branded shoes.
You import a batch bearing a famous brand's logo, but they're actually cheap copies made without the brand owner's permission.
You sell them at a fraction of the original price.

#IPSERIES 12D12

[P. Katana @PeterM86574]

Can You get into legal Trouble?
Back to Our Shoe seller. "I didnt manufature them. i only bought and sold them," is not a neccesary defence.
Sec 32 puts it clear. it is an offence to possess and deal with counterfeit goods.
Before you stock those original-looking bargains...👇👇