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{
    "id": 849387,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/849387/?format=api",
    "text_counter": 426,
    "type": "speech",
    "speaker_name": "Sen. Murkomen",
    "speaker_title": "The Senate Majority Leader",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "The other very innovative provisions that are necessary – previously under the law, it was not clear whether copyright owners should register. As you know - and this is important for intellectual property or persons who have studied intellectual property law – you do not have to register materials for copyright to get protection in the law. It is automatic. As soon as it is published by the owner and put in public domain, you do not have to register; but, it has become necessary to give a register of copyrighted materials so that enforcement becomes easy. There is something unique about protection of intellectual property in Kenya. The civil protection of intellectual property is by the intellectual property owner and the Copyright Board is there to ensure that those intellectual property owners are protected. Criminal enforcement is with the anti-counterfeit agency. For the first time since 2009, Kenya now has an entity that collectively deals with criminal enforcement of intellectual property. I was honoured to be among the first board members who established the anti- counterfeit agency but then, it is important to note here that on matters as to whether who owns this right or the other which has civil matters, the tribunal plays a very important role in the registration or ownership of these rights. Where there is criminal violation of intellectual property, including copyright, the responsibility by law, has been given to another agency which is the anti-counterfeit agency. Therefore, Clause 2(2)(a) has been reintroduced so that then we can have a register where if you want to know the literary works; who owns which works – perhaps for purpose of even going to request for copying of that material or reusing that material, the register has been provided to be a prima facie evidence of the particular assent therein and that the ownership and permission to use that material can only be sought from the owners or the persons who are assigned those rights. This law provides for extent of a fair billing – to what extent can a person who has exclusive rights to control, can act with those rights. This is important. Clause 26 of the Bill provides that intellectual property copyright owner has a right to reproduce the material in the original work form, to translate, distribute to the public by way of sale, rental, lease, hire, loan or similar arrangements. There is also a provision on how to communicate to the public as a whole on substantial part of that original work; to make available as a whole or substantial part therefore in the original form to any person they want to broadcast. In Clause 26, there is something very interesting about architectural works. It includes, for an architect, exclusive right to control the erection of any building which reproduces the whole or a substantial part of work, either in its original form or any from recognizable derived from the original. This is very important. First of all, let us agree that if you want our citizens and young people to become rich, we must protect intellectual property and copyright. It is a shame that you find that someone has composed a fantastic song, and, that song becomes so popular. It becomes The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}