Macmillan Kenya (Publishers) Ltd v Mount Kenya Sundries Ltd HCCC No 2503 of 1995.

The High Court of Kenya has recently issued an interesting decision on enforcement of Copyright in Kenya.

The plaintiff, the Kenyan subsidiary of Macmillan Limited , a British company operating in Kenya, instituted a suit in 1995 against the defendant and sought an injunction to restrain the defendant for selling in Kenya Pictorial Tourist Route Map, an order for delivery up of such maps, an inquiry as to damages or alternatively an account of profit and payment of all sums found due upon taking such inquiry as well as interest and costs.

The basis of the plaintiff’s claim was that the defendant’s map called “Kenya Pictorial Route Map” infringed the plaintiff’s copyright in its maps called the “Kenya Tourist Map” (the 1985 map) and later the “Kenya Traveller’s Map” (the 1989 map).  The issues canvassed before the Judge were summarized as:

1. Whose map was first in time?
2. Does the plaintiff possess copyright work?
3. Has the defendant infringed the copyright?
4. What relief is due to the successful party?

Both parties’ maps did not bear the date of publication.  Therefore the Judge determined, based on evidence supplied, that on a balance of probabilities the plaintiff published its map first and hence possessed copyright in its work which had been infringed upon by the defendant.

It was held that the defendant had substantially copied the plaintiff’s map.  The relief prayed for by the plaintiff was granted.

John Syekei is a partner at MMC Advocates and heads the Intellectual Property Team.  For further information on this and any other Intellectual Property issues, kindly contact him on jonsyekei@wakili.com.