Page 65 - Msingi Afrika Magazine Issue 1

FEATURED ARTICLE
Copyright automatically becomes
an enforceable claim to the Rights conferred
author once a work is produced in The trade mark confers exclusive
material form. rights to the use of the mark in
relation to the goods,subject to any
Copyright duration: conditions or limitations imposed
1. For literary, music or artistic and recorded in the register.
work, other than photographs,
copyright applies 50 years after Industrial Designs
the end of the year in which the According to WIPO Industrial
author dies. Design refers to the ornamental
2. For audio visual works and or aesthetic aspects of an article,
photographs, copyright applies such as the shape or surface of an
50 years from the end of the year article or two dimensional features
in which the work was either: such as patterns, lines or color.
made, first made available or first Generally this means that
published, whichever date is the whatever composition that gives
latest. special appearance to a product
3. For sound recordings, copyright of industry or handicraft and
applies 50 years at the end of the can serve as a pattern for such Walter Owaga
year in which the recording was is considered to be an Industrial Managing Partner
made. Design. Owaga & Associates Advocates
4. For broadcasts copyright www.owagaadvocates.com
applies 50 years after the end of Rights conferred
the year in which the broadcast The right to sell or cause to be
took place. sold for commercial or industrial
purposes.
These rights confer exclusive
rights to control the performing
in a country of any of the acts,
reproduction in any material
form of the original work or its
translation or adaptation, the
distribution to the public of the
work by way of sale, rental, lease,
hire, loan, importation or similar
arrangement, communication to
the public and the broadcasting
of the whole work or a substantial
part thereof either in the original
form or any form recognizably
derived from the original.
Exceptions include, among
others: fair dealing, private use,
criticism or review, all subject to
acknowledgement of the source.

Trade Marks
According to WIPO, a trade mark
is a sign capable of distinguishing
the goods or services of one
enterprise from those of other
enterprises.
This can be in the form of a slogan,
a device, a brand, a heading, name,
a smell and even a sound, among
other things, presented in two or
three dimensional form.