Cabinet d'avocats Tcheufa

30/09/2020

ANOTHER BIG OPPORTUNITY WITHIN THE AFRIKAN PEOPLE REACH



Tesla, Inc., an American motor and energy company that has become famous mainly for the manufacturing of electric vehicles, in the spirit of the open source movement and for the advancement of electric vehicle technology, announced in a blog post their decision to not initiate patent lawsuits against anyone using their technology in good faith ;

This is clearly a great opportunity for us Afrikans to get in and have ourselves no longer dependent on fuel vehicles. We have to invest our time, money and energy in this and spread the message to motivate and support our talented engineers. It is far easier to produce electricity than fuel. We could even at term create a market of electric cars on the motherland. WE HAVE TO USE OUR BRAINS, SKILLS AND KNOWLEDGE IN PRIORITY FOR AFRIKA, ALWAYS, WE HAVE NO OTHER CHOICE.

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26/01/2020

https://www.afronomicslaw.org/2019/12/18/the-africa-caribbean-investment-treaty-network-the-status-quo-and-three-options-for-transformation/

Collaboration between Afro-descendants wherever they are can unlock many opportunities. Let's stop relying on political treaties by the leaders, The followers have everything they need to build the bridges themselves. Let's connect, let's build, let's unite!

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06/12/2019

Though it is insignificant when we look at the benefits made by those exploiting and also having in mind that the knowhow was transmitted by the indigenous people, indigenous communities are benefiting from local products.

Africa Intellectual Property

04/12/2019

AFRIKAN UNIVERSITIES AND THEIR ROLE IN INNOVATION



There are two schools of thought around IP and tech transfer in universities in Afrika. The first is that tech transfer is irrelevant because most big research universities are public institutions and are therefore not allowed to acquire IP and control research output through the use of IP. The second is that IP acquisition and tech transfer would be a game changer, allowing universities to access the vast resources of global private industries through royalty payments. Neither view is entirely accurate, in general. Unfortunately, there's also a third view: what is an Office of Tech Transfer and why should we start one? Although this view is probably more common than the others, it isn't terribly relevant to this post.

The conclusion is that patents are not helpful enough, and cost too much, to justify the focus placed on them by universities. To be sure, universities in Afrika don't own very many patents. Even in Kenya, one of the most active countries in terms of patent filings, Kenyan universities own a very small (albeit growing) handful of patents. We are convinced that the solution to moving technology from Afrikan universities to African businesses is not by way of patents, but rather by way of direct partnerships. Afrikan universities have R&D resources (the three Ls: labs, labour, and literature) but like most universities around the world are not equipped to commercialize products. Afrikan companies don't generally do much R&D but are very aware of local needs/challenges, have some financial resources, and are relatively good at marketing solutions.

Patents are not needed for such partnerships. Ideally, private industry would work directly with university researchers to identify and solve local problems. Industry can cover some of the research expenses in exchange for access to the three Ls and first access to the research outcomes. This model may not work in highly developed countries with universities that are very well equipped and very good at obtaining large research grants. But in Afrika, where universities are available to do research but (very) rarely see the impact of that research, it may be a better model than the traditional OTT model we know from developed countries. A perfect example of this model exists already - it's called BioInnovate and it is a successful example of industry/academia partnerships in Afrika, mostly or entirely without patents.

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19/11/2019

Institutionalizing and promoting geographical indication is a solution



The richness and diversity of our flora (plants, grains, fruits, vegetables) are unexpected. Indeed, several afrikains are unconscious that there are varieties of plants, grains and fruits with the nutritional value unknown because of the poor food education we have received. The establishment of an institutional and legal framework, capable of supporting quality approaches linked to the origin of local producers and the protection of their geographical directions (IG), is more than ever necessary in afrik. The Youth must be aware that she has
To explore and discover our continent because we know it too little. Indeed, if we aspire to be free, self-sufficient and independent, we must know everything our terroir has to offer us, our land is our greatest wealth and asset.

Our primary concern must therefore be the identification, localization, development of ig as tools for the promotion and marketing of quality products from agriculture and African crafts, through raising awareness of the various actors on their interest in The development of local products, but also of the importance of setting up an appropriate legal and institutional framework on a continental scale. The igp offer local producers, and even to the local people, an incredible opportunity to fully enjoy the benefits of intellectual property.

Ask us the relevant questions: since when does the afrikain go to eat at the restaurant, since when does the afrikain go to the shop to eat, since when does the afrikain go to the shop to eat, since when does the afrikain order its food online, since when does the No land? All these habits are habits and reflexes of addiction and disposal that we have to scratch from our lives.

Oapi and aripo through their unprecedented cooperation have this beneficial, they cover a good part of the continent and more than a third of the population of sub-Saharan Africa. Getting a pgi in this space guarantees for its holder a huge market where it can sell its merchandise and increase its profits, and above all bring the afrikain to consume afrikain.

For the cabinet

02/09/2019

We keep upgrading our skills to ensure we can efficiently advise our clients.

04/06/2019

RELATED RIGHTS IN THE DIGITAL ERA!



Related rights have to see with performance, phonogram and broadcasting. With the increasing use of internet and technological devices to exploit and use some works, the need for an adequate protection of the rightholders cannot be denied. The WIPO Performance Phonogram Treaty(WPPT) entered into force in 2002 and is to date the best legal tool at the disposal of rightholders to protect and draw benefits from related rights.

It matters to underscore that the following Afrikan countries have ratified the WPPT in their legal framework: Benin, Burkina Faso, Cabo Verde, Gabon, Guinea, Ghana, Kenya, Madagascar, Mali, Namibia, Nigeria, Senegal, South Afrika, Togo.

The WPPT provides for a minimum protection of 50 years for both performers and producers of phonograms.
For performers the 50-year period starts running from the end of the year in which the performance was fixed in a phonogram.
For producers of phonograms the normal rule will in practice be that the 50-year period will start running from the end of the year in which the phonogram was published. In the unusual case in which the phonogram will not have been published within 50 years from fixation, the term for the producer of the phonogram will start running from the end of the year in which the fixation was made.

The WPPT allows Contracting States to introduce the same kind of limitations and exceptions with regards to the protection of performers and producers of phonograms as the ones contained in their national laws in relation to copyright works. In addition the now standard proviso (the three-step-test) applies. Limitations and exceptions need to be confined to certain special cases that do not conflict with the normal commercial exploitation of the work (in this case the performance and the phonogram) and they should not unreasonably prejudice the legitimate interests of the rightholder.

The Treaty does not allow the imposition of any formalities as a precondition for the enjoyment and exercise of the rights contained in it. Under this provision it will therefore for example not be possible to require registration as a precondition for the enjoyment or exercise of the rights that are granted.

UNDER ALL RESERVES

18/04/2019

The immensely rich Afrikan flora is an unlimited source of intellectual property



The San people have used the bitter flesh of the Hoodia plant (Hoodia gordonia) for centuries to block feelings of hunger and give them energy when hunting or on long
trips across their inhospitable land. This practice was brought to the attention of the South African Council for Scientific and Industrial Research (CSIR) , based in
Pretoria, which began to take an interest in the properties of the Hoodia . The innovative environment in which the CSIR functions allows it to carry out much important research and development. The work resulted in this case
in the discovery of certain properties of the Hoodia and its potential as an appetitesuppressant and anti-obesity drug. The market potential of such a new drug is considerable, particularly as it is derived from a natural product and, seemingly, does not have the side effects of many such treatments. Thus the CSIR was able to license its patented technology to Phytopharm, a UK-based company, for the
necessary investment needed to further test, develop and commercialize this new IP asset. The CSIR filed an international patent application through the Patent
Cooperation Treaty.

Importantly – although after a controversial start involving some legal negotiation – the role of San ancient knowledge and innovative activity in the initial discovery and development of the properties of the Hoodia was recognized, explicitly acknowledged by the CSIR, and set out in a memorandum of understanding (MoU) between the CSIR and the San. The MoU was followed by a benefit-sharing agreement, providing for the San to obtain 8 percent of all milestone payments received from the licensee by CSIR as well as 6 percent of any royalties CSIR receives on sales of the final product.

The development of this Hoodia-derived product had several important consequences for the San. It resulted in the 100,000-strong San population organizing and setting up the San Hoodia Benefit Sharing Trust, to ensure that the monies received were used for “the general development and training of the San community”. Immediate plans included buying land, building clinics and investing in education and development projects.

Regrettably however things did not progress smoothly, as can be seen from http://www.nutraingredients.com/Manufacturers/Phytopharm-Unilever-expectHoodia-product-progress and https://tkbulletin.wordpress.com/2011/01/05/this-weekin-review-%E2%80%A6-phytopharm-drops-research-on-hoodia/ . In essence, Phytopharm dropped the research in 2010.

However this example does provide a model of how indigenous knowledge can be developed and commercialized in the interests of national wealth creation. It also underscores the role of IP rights – in this case, patents – in the benefit-sharing process. It is this development of an economically exploitable asset that allows the creation of an income stream to be distributed among beneficiaries such as the San. Creating IP rights in relation to our plants depends essentially on our ability to know the properties of plants which surround us and use them for our health, our nutrition and our economical empowerment.

POUR LE CABINET

18/04/2019

Le Cabinet offre des consultations orales et écrites par téléphone et email à des tarifs très abordables. N'hésitez pas à nous contacter pour soumettre vos questions de Droit 7/7 entre 9h et 19h.

The Law Practice is available for oral and written consultations by phone and email at quite affordable prices. Feel free to contact us for your legal issues 7/7 between 9am and 7pm.

21/03/2019

Private copying remuneration



Private copying remuneration is a matter which can no longer be disregarded when it comes to management of copyright and related rights in the Audiovisual field. Generally speaking, the liability of levy is on the importer or local manufacturer. Very recently, an additional liability has been established in many national laws, resting on the retailers.

The principle of private copying is that remuneration is to be paid for all equipment and media that enable the making of copies for private purposes.It is relevant to know the devices to which private copying is applied, as most of them intervene in our daily lives: Blank CDs or DVDs, External discs, Set-top boxes, MP3/MP4 players, Memory cards, Mobile phones with MP3/MP4 functionality.

In Africa, Private copying is applied in Burkina Faso, Ghana, Nigeria and Botswana. Still, the remuneration is collected by a government body which is in charge to collect the levy on technical devices: Department of Customs and Excise. Therefore, Cooperation with customs authorities is an important element in the collection of private copying remuneration, based on legislative provisions.As most equipment and media are imported goods, it is important that the legislation includes clear provisions governing the CMO’s ability to obtain information from customs authorities. As this kind of information is not customarily provided to private parties, there may be a need to specify the mechanisms for delivering information in customs legislation, irrespective of general secrecy provisions.

The various constituencies and stakeholders of the audiovisual field in Burkina Faso have their IP rights well protected in respect of Private copying. In fact, Law No. 032-99 on the protection of literary and artistic works includes a Chapter V, “Remuneration for private copying”.

According to Article 81:
.
BBDA (Bureau Burkinabé du Droit d’Auteur) is the multipurpose CMO in the country. It has concluded its first distribution of private copying remuneration for audiovisual rights holders.

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20/03/2019

Exercise and management of rights in the audiovisual field



In Africa, the major film producing countries are: Burkina Faso, Kenya, Nigeria and South Africa. The Panafrican Film and Television Festival of Ouagadougou (Festival panafricain du cinéma et de la télévision de Ouagadougou or FESPACO) held biennially in Burkina Faso is the most popular film festival organised in Africa. It accepts for competition only films by African filmmakers and chiefly produced in Africa.

Creative industries are among the major contributors to the economic growth of a nation and the creation of jobs. These industries represent in average 5.4 percent of the gross domestic product (GDP) of a country. In studies, the audiovisual sector is included in the figures for motion picture and video, but it is also part of radio and television.

It is important to be able to identify all the players in a film production. Moviemaking is a collective endeavor organized by the producer and involving many brilliant creative talents: writers, directors, actors, narrators, cameramen, designers, editors, music composers, makeup artists, hair stylists, and illustrators, and so on. It is a costly and risky undertaking. Economic success depends on “matching ideas with talent, obtaining relevant intellectual property (IP) rights and using them to attract finance from commercial film distributors” and of course, capturing the imagination of the audience.

Filmmakers, particularly the producer, need to be acquainted with the whole value chain in film-making and the fundamental functions of the people and companies that will market their films to the public. On the one hand, the role of film distributors is important and customarily a territorial distributor is responsible for the marketing and circulation of films to the end users, including cinemas, television, DVD and new media distribution technologies, such as video on demand (VOD). A sales agent, on the other hand, is responsible for the licensing of distribution rights to a territorial distributor in a particular country.

In common law countries, a system where the producer holds all rights to the audiovisual production prevails. This is the case in the United States pursuant to the work-made-for-hire doctrine. In other countries, the actual creators are the authors or co-authors of an audiovisual work, meaning that they have separate copyrights.

PAR LE CABINET

25/02/2019

Distributable income computation in a Collective Management Organisation



The principles around the computation of distributable income are fairly standard. A CMO’s net income after expenditure usually contains three elements: net domestic license income; net non-license income (usually interest on moneys pending distribution, and other non-license income); and net foreign income for the CMO’s repertoire used in other countries.

Generally the net foreign income is sent to a CMO in an already processed state, and is distributed to the domestic rights holders of the sound recordings and tracks reported by foreign CMOs as having been used, less any small additional administration or processing charge. The net non-license income is usually treated in one of two ways: (i) the reduction of the CMO’s overall administration costs (and thus passed on proportionately to all members and rights holders participating in the net distributable income); or (ii) a separate non-license income distribution made (usually proportionate to the previous distribution earnings of members and right holders and affiliated CMOs).

We now turn to discuss the distribution of net domestic license income. The general formula to arrive at the amount for distribution in respect of domestic license income where there has been no authorization of any reserve transfers (transfer to and from reserve fund) is:
a. Gross domestic license income;
b. Less: domestic administration costs;
c. Less: social and cultural deductions (if any).
Any taxes due on royalty earnings are deducted from actual member or affiliated CMO credits before pay over in accordance with the CMO’s local tax laws.

The net domestic license income allocation process involves an analysis of CMO income segments making up the net distributable domestic income as identified in each CMO’s financial reports which are apportioned into the various distribution categories and classes in terms of the society’s distribution rules. The categories and classes are then matched with use data obtained for the respective distribution categories and classes. In the main CMOs derive their major income from broadcasting, general licensing (public performance), and new media (streaming, web-casting services) sources. Reproduction rights income from new media (download services, where authorized), synchronization (where authorized) and private copy levies.

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