WEEKLY NEWS - MAY 20, 2008

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African trademark issues highlighted

Eklavya Gupte, Berlin

Trademark enforcement can be quite a slow and tedious process in Africa, but with the trademark registration process becoming easier, there has been an increase in registrations and multinational companies are beginning to invest more money on protecting brands in the continent

This was the conclusion drawn by the panelists at yesterday’s Enforcement in Africa as Trade Barriers Ease session. Chris Job from South African firm Adams & Adams moderated the session and he was joined by four lawyers from four different parts of Africa.

Each panelist familiarized the audience with the ways in which trademarks can be enforced in two countries from their region.

The speakers also agreed that organizations such as INTA and WIPO along with big multinationals need to further help, train and assist Customs and judicial officials from African countries.

Mondher Al Mensi from Al Mensi Law Firm in Tunisia gave a brief presentation on the trademark system in place in Tunisia and Egypt. He mentioned the recent progress made in these countries and highlighted the support of the Ministry of Trade in Tunisia in the seizure of counterfeit goods.

Ghana and Nigeria were the jurisdictions that Obatosin Ogunkeye from Nigerian law firm Allan & Ogunkeye dealt with. He discussed the key features of trademark law of both countries such as the absence of protection for service marks and the fact that there is no protection for unregistered well-known marks. But he also outlined the importance of IP rights in Nigeria which being the most populous country in Africa sees almost 60,000 trademark applications filed in a year.

The five East African countries are working together to break down trade barriers and are helping each other in the seizure of counterfeit goods said William I. Maema from Kenyan firm Iseme, Kamau & Maema Advocates, who focused on Uganda and Kenya.

Kay Rickelman from Spoor & Fisher briefed the audience on the South African system which is one of the few countries in the continent which allows for broader trademark protection and has a sophisticated structure in place.

Lastly, the lawyers discussed a small case study and each one had to explain how they would protect the supposed infringed product in their countries. The alleged infringing item in question was a butterscotch candy Hav-Sum-More which had a very similar get-up to popular shortbread brand Eet-Sum-Mor.