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Subject: Creative Commons Jurisdiction Teams in Sub-Saharan Africa

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  • From: Yemi Lawal <yemilawal AT yahoo.co.uk>
  • To: Alex Gakuru <gakuru AT gmail.com>
  • Cc: "ccafrica AT lists.ibiblio.org" <ccafrica AT lists.ibiblio.org>
  • Subject: Re: [ccAfrica] SEACONET Model Copyright law
  • Date: Fri, 2 Nov 2012 10:17:14 +0000 (GMT)

 
True! I agree with Alex.
 
There are so many other examples of the example he has given in different parts of Africa.
 
I proposed in my doctoral thesis and in a book I have written which should be available before the end of November that legal pluralism should be considered for the protection of IP in Africa. A bottom up approach accommodating Individual (private) as well as communal (common) is preferable to a top down approach which is purely individualistic and eurocentric. Africans were able to guard/protect their common resources (while making it available to all in the community) and still acknowledge the rights of creators and innovators.
 
Below is my view on Pan-African Intellectual Property Organization (PAIPO)
 
The nexus between intellectual property and protection of creativity and art in Africa is worth exploring. Moreover, a uniform intellectual property law system is pertinent to Africa. An effective instrumental framework lies in the establishment of a continental intellectual property organisation, providing for intellectual property issues including culture, music and folklore. The existence of a regional legal framework protecting creativity and art is indeed a reflection of the spirit of Pan-Africanism.
There are at present two regional intellectual property organizations with 32 countries out of a total of 53 as Member States. Their creation is linked to the imperial conquest of Africa by the British and French. The difference in language of countries comprising both organisations is a major hindrance to their harmonisation and development of a legal framework protecting intellectual properties in Africa. The African realities are not expressed in these organizations. They espouse a western intellectual property system, almost without adjustment. The remaining 21 countries including Nigeria, South Africa and a majority of countries in North Africa are not represented by any regional institution. These countries rely on their own national intellectual property arrangements.
African countries will accomplish more for their economic markets by developing an organization together, to manage Intellectual property matters. The probability of establishing an effective system in comparison to what is available is higher. Pan-African Intellectual Property Organization (PAIPO) is undeniably a step towards a single intellectual property organization and unity among African states. PAIPO is expected to provide a platform for member states to benefit from an intellectual property system that would promote innovation.
'Africa in the spirit of Pan-Africanism should have as its ultimate objective the development and adoption of a legally binding regional intellectual property instrument for the protection of creativity and art.'
Ayo
Babcock University
School of Law and Security Studies

From: Alex Gakuru <gakuru AT gmail.com>
To: Dick Kawooya <dkawooya AT gmail.com>
Cc: CC Africa <ccafrica AT lists.ibiblio.org>
Sent: Friday, 2 November 2012, 9:38
Subject: Re: [ccAfrica] SEACONET Model Copyright law
Charles,re: openness, ditto.Agree, that even in (traditional) African culture private property ownership existed. And theft of such private property was punished very severely. For example, amongst the Agikuyu stealing was punishable by death. A muici (thief) would be taken atop hill, wrapped in dry banana leaves, put inside a large beehive set on fire then made to roll down the hill to a screaming example to other tempted thieves. But alongside private existed vast, if not much greater, communal property which anyone was free to reasonably use without destroying nature. These included fetching firewood from the God's forest, hunting for meat etc while still protecting the animals. Today, certain communities still protect wildlife from poaching. We still have an inbuilt extended family and community care quite opposite the Westerners and Northerners individualist extremism--where almost everything is owned by a person. Language words and fonts used to on digital literature (perhaps even emails?) are owned by someone. If Africans were to draft their own model copyright law its content would definitely be quite different from the western copyright construct. Therefore, in as many different ways, all we are asking is for is SEACONET's initiative be open to our scrutiny to guarantee us that their proposal is indeed African or a foreign model forced down our throats? thanks,AlexOn Fri, Nov 2, 2012 at 11:23 AM, Dick Kawooya <dkawooya AT gmail.com> wrote:
Yes it will be useful to see the text to judge how good or bad the proposed law is.
True CC Africa or anybody can come up with one. However, the difference here is that SEACONET is partly made up of public/government officials from the region. That raises questions of transparency, how binding is the model law on the countries present, etc. But the first step is making the text public.
dk
On Nov 2, 2012 2:26 AM, "charles batambuze" <batambuze_charles AT hotmail.com> wrote:
Alex,I am actually attending the ARIPO/WIPO conference in Harare and will probably have a chance to speak to Chavula of SEACONET about progress with the model law. Alex, the model copyright law isn't a bad idea at all! The Africa CC Affiliates if they want could also come up with one. Charles
From: gakuru AT gmail.comDate: Fri, 2 Nov 2012 04:49:18 +0300To: ookolloh AT gmail.com CC: ccafrica AT lists.ibiblio.orgSubject: Re: [ccAfrica] SEACONET Model Copyright lawI haven't, though two days ago requested an ARIPO/WIPO conference, Harare (Tue-Fri 9th next week) speaker to convey Creative Commons Africa Affiliates' concerns with the 'exclusive' nature of the process behind the so-called "Model Copyright Law" mooted by SEACONET. If somebody else managed, then please share.
On Fri, Nov 2, 2012 at 12:48 AM, Ory Okolloh <ookolloh AT gmail.com> wrote:
Anyone manage to track down this law? 

On Tue, Oct 9, 2012 at 5:17 PM, Aminou Ndala TITA <aminou20022001 AT yahoo.com> wrote:
Hello
 
From the summary I got, the law has nothing to do with the protection of copyright in the online environment. Am I wrong?
 
Regards
 
Aminou
              
--- On Sun, 10/7/12, Dick Kawooya <dkawooya AT gmail.com> wrote:

From: Dick Kawooya <dkawooya AT gmail.com>
Subject: Re: [ccAfrica] SEACONET Model Copyright law
To: "Alex Gakuru" <gakuru AT gmail.com>
Cc: ccafrica AT lists.ibiblio.org
Date: Sunday, October 7, 2012, 3:07 PM

I agree with Alex. It would help to see the model law itself so we know exactly what is being proposed. Beyond that, we've to be wary of attempts to harmonize laws across the board without due consideration for unique circumstances prevailing in different countries. Even in Africa, there are important nuances that might warrant local solutions not to mention regional ones (e.g. EAC). Besides, unquestionable harmonization from advanced economies is what many have been against in WIPO and elsewhere. Meeting WTO deadlines cannot be an excuse to harmonize across the board. Of course I can understand if participating countries will be encouraged to pick and choose what applies to them but presenting the model as the law for everybody to adopt. This is of particular concern given the participation of copyright administrators.
Dick
On Oct 7, 2012 2:43 PM, "Alex Gakuru" <gakuru AT gmail.com> wrote:
Thanks Charles. It would have been great to read the reported original 'model law' proposed. It's a shame SEACONET's website 'documents' page is blank http://www.seaconet.org/?page_id=9  Would anyone have a copy to share? thanks
On Sat, Oct 6, 2012 at 3:15 PM, charles batambuze <batambuze_charles AT hotmail.com> wrote:
0 Nabotu / September 22, 2012 18:39 SEACONET moots regional model copyright law By Staff Writer
 Lilongwe: SEACONET- the Southern and Eastern African Copyright Network a regional association composed of National Copyright Offices and Collective Management Organisations (CMOs) met in Lilongwe, Malawi recently


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