Intellectual Property Law: A Course Outline by Catholic University of Eastern Africa

CATHOLIC UNIVERSITY OF EASTERN AFRICA
(CUEA)
FACULTY OF LAW

BACHELOR OF LAWS

INTELLECTUAL PROPERTY LAW

COURSE OUTLINE AND NOTES

BY: WILSON MAROTSE MULEI
PhD candidate (JKUAT) ,LLM (London), LLB (Moi), Dip. Law (KSL)
Attorney at Law, EAC

Intellectual Property Law

Contents
Chapter 1 Copyright
Copyright works
Subject matter
Criteria for protection
Authors and owners
Authors and first owners
Duration of copyright protections
Infringement of copyright
Nature of the rights
Infringement: general issues
Defences and moral rights
Defences
Moral rights

Chapter 2: Patents and related rights
Patents and breach of confidence
Patentable inventions
What is an invention
Getting and owning a patent
Entitlement
Patent infringement
Infringement
Breach of confidence
The protection of confidence
Related areas of law

Chapter 3: Trade Marks

Introduction to the course
Intellectual property (IP) provides legal protections for creations of the mind, such as musical compositions, paintings, literary works, films, live performances, technical inventions and secret information. The law also protects commercial creations such as designs, sound recordings, trade marks, and computer programs.

We hope that you will find this area of the law stimulating. When you see a film, an advertisement or listen to music, we hope that you will enjoy it all the more for knowing the legal principles which underpin the industry concerned.

This course uses the intellectual property laws of the Kenya, which are heavily influenced by European Community (EC) legislation, to develop the various themes.

The texts are:
1 Christie and Gare Blackstone’s Statutes on Intellectual Property 2004–2005. (Oxford University Press, 2004), seventh edition [ISBN: 0199273057] (note: look out for the forthcoming 2005– 2006 edition).
2 Phillips and Firth Introduction to Intellectual Property Law. (Butterworths, 2001) (now Oxford University Press), fourth