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Banks Stealing IP?
passiveinvestor
#1 Posted : Saturday, December 07, 2019 8:20:58 AM
Rank: Member


Joined: 12/8/2006
Posts: 103
Hi all,
Welcome your thoughts on the below article:
https://www.businessdail...75804-ypj6wn/index.html

"Kenya’s 30 banks are entangled in a legal suit in which a tech innovator is seeking Sh1 billion from the lenders, claiming that they used his idea to launch the interbank transfer service known as PesaLink...."
What is your gut feel on the likelihood that Bank's / CBK simply shopped the idea around, further stifling innovation and TRUE job creation in this economy?

Monk
#2 Posted : Sunday, December 08, 2019 8:56:38 AM
Rank: Member


Joined: 7/1/2009
Posts: 184
passiveinvestor wrote:
Hi all,
Welcome your thoughts on the below article:
https://www.businessdail...75804-ypj6wn/index.html

"Kenya’s 30 banks are entangled in a legal suit in which a tech innovator is seeking Sh1 billion from the lenders, claiming that they used his idea to launch the interbank transfer service known as PesaLink...."
What is your gut feel on the likelihood that Bank's / CBK simply shopped the idea around, further stifling innovation and TRUE job creation in this economy?



If indeed he had registered the product with the Kenya Copyright Board before KBA implemented it, then his claim seems to be valid. They may have to settle with him.
Doombringer
#3 Posted : Tuesday, December 10, 2019 10:18:28 PM
Rank: New-farer


Joined: 2/19/2019
Posts: 32
Location: France
Each party will defend its opinion and make reasonable arguments in its favor. There are not stupid people working there. Although it's a shame that even those projects that seem to be launched for people and their benefit, in the end, are still aimed at either getting more money or some other benefit. And we only look from the outside and try to understand who is right and who is to blame.
kmucheke
#4 Posted : Thursday, July 23, 2020 11:11:16 AM
Rank: Member


Joined: 3/16/2019
Posts: 171
passiveinvestor wrote:
Hi all,
Welcome your thoughts on the below article:
https://www.businessdail...75804-ypj6wn/index.html

"Kenya’s 30 banks are entangled in a legal suit in which a tech innovator is seeking Sh1 billion from the lenders, claiming that they used his idea to launch the interbank transfer service known as PesaLink...."
What is your gut feel on the likelihood that Bank's / CBK simply shopped the idea around, further stifling innovation and TRUE job creation in this economy?



This case seems to be still ongoing at Milimani high court, commercial and tax division. COMM/E438/2019 Stephen Muikia Njongoro Vs Kenya Bankers Association & 2 Others MENTION ONLINE 11:00 AM Scheduled for Defense Hearing on the 3rd June, 2020.

My understanding of IP laws in Kenya (and most countries) is that you can't be given IP rights for an idea itself. Since ideas on their own are not property rights anyone can copy and there is nothing you can do about it. However you can protect the implementation of your idea with intellectual property rights like copyrights, trademarks, patents and industrial designs which are the main intellectual property rights available.
If you make your ideas of an invention publicly, don't be surprised or annoyed if your find it being implemented by others.

Link

Quote:
He narrated in his suit papers how he spent resources to come up with the innovation.

Njongoro said the idea came about when he was working at Co-operative Bank as a teller in April 2010.

It was then that he realised there was a gap to conduct inter-bank transfers and he decided to give it a go.

His idea is known as “All in one banking innovation” and a slogan “All in one, Huduma zote za benki zote or lipa na benki yako” which he registered with Kenya Copyrights Board, on February 2, 2015.


He applied for copyright protection and not a patent. In Kenya to get a patent your invention (device, substance, method, etc.) must be new(not known in public), innovative(not obvious) and industrially applicable. There are some exclusions as however.

Patenting in Kenya.



Now lets wait for the court to make its ruling and consider the arguments and counterarguments from both sides.

On the bright side two Kenyans Abdulaziz Omar and Twahir Mohamed patented M-Post, an addressing solution that turns mobile phone numbers into post office box addresses.
Their story is here.
Quote:
Have your IP correct, in terms of copyrights, maybe trade marking. And if it’s a really unique idea, try to spend some resources to patent that idea. Also, go for commercial agreements. Then, seek fundraising. And also, do not give up.
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