Investing and Trading in Copyright in the East African Common Market (Kenya and Tanzania): Calling for Harmonised Legal Regime

Authors Telesphory DB Magogo

ISSN: 2521-2613
Affiliations: Dean of the School of Law at St Augustine University of Tanzania
Source: Africa Nazarene University Law Journal, 2017, Issue 1, p. 134 – 145


This article discusses infringement and enforcement of copyright as provided for in the Kenyan Copyright Act (hereafter the Kenyan Act)[fn1] and the Tanzanian Copyright and Neighbouring Rights Act (hereafter the Tanzanian Act)[fn2] and their adequacies in the protection of copyright in the East African Community (EAC)[fn3] Common Market. These two Acts are among the statutes that provide for the domestic regulation of copyright. Apart from similarities between the two Acts, the author has identified significant differences, uncertainties and deficiencies in their respective provisions for infringing acts and enforcement mechanisms, including remedial measures. These differences and deficiencies endanger investing and trading in copyright in the EAC Common Market. The author has suggested the harmonisation of copyright rules as a remedial measure to resolve identified problems and to ensure competitive trade and investment in copyrighted works. It is suggested that harmonisation takes the form of a directive. This article contains an evolution of ideas as contained in the author’s mini-thesis, a work submitted for the award of the Degree of Masters of Laws (LLM) at the University of the Western Cape in South Africa. footnote 1: Copyright Act of 2001 Cap 130 [RE 2009] of the Laws of Kenya. footnote 2: Copyright and Neighbouring Rights Act of 1999 Cap 218 [RE 2002] of the Laws of Tanzania. footnote 3: Republic of Burundi, Republic of Kenya, Republic of Rwanda, United Republic of Tanzania and Republic of Uganda.