Chebet & Co. Advocates

  • Kenya Copyright Board is revising its guidelines for regulating CMOs- What is critical to streamline CMOs in Kenya?

    I think it is critical for KECOBO to spell out clearly the limits and mandate for each collecting society. Kenya’s CMO scene’ is laden with CMOS all demanding royalties and claiming to collect for ‘their’ members. This is especially exasperating in music royalties. First, there is often a duplicity in members, with an artiste’ (say a ‘musician’) being a member of PRISK and MCSK for example. Secondly, the rights that such members ‘give’ or cede to the CMO are not always worth the paper they are written on. Oftentimes, it is actually the music producer…

  • Section 30A of the Copyright Act**: Mandatory use of CMOs to collect remuneration for sound recordings

    Section 30A of the Copyright Act (CA) was introduced by the Statute Law (Miscellaneous Amendments) Act of 2012 and has, in my view, far reaching consequences to the music industry in Kenya because it obliges performers (artistes) and music producers to their remuneration collection rights to CMOs. Section 30A introduced a ‘right to equitable remuneration for use of a sound recording and audio visual works’. Sound recordings and audio visual works?? Think downloadable ringtones like skiza tunes, mp3 downloads, music video downloads. The law provides for a ‘single equitable remuneration’ by the user to the…

  • Taking no chances: Kenya’s introduction of withholding tax on the Betting and Gaming industry

      Taking no chances: Kenya’s introduction of Withholding Tax on the Betting and Gaming industry By Judy Chebet[1]   Kenya’s gambling legislation is among the oldest in the content, having been passed in 1966. This has effectively made the activities in the mostly foreigner-frequented casinos in Kenya not as frowned upon by the Kenyan society as it is in other parts of the world. The primary gaming legislation in Kenya is the Betting Lotteries and Gaming Act, Cap 131 (“BLGA”). The BLGA establishes the Betting Control and Licensing Board (“BLGB) which implements the Act by…

  • Doing Business in Kenya: A summary of the legal regime and environment

    Doing Business in Kenya: A summary of the legal regime and environment This published article provides a good summary of the legal regime in Kenya for those considering doing business in Kenya.

  • Taxation Basics in Kenya

    Taxation Basics in Kenya This presentation provides an overview and summary of tax basics in Kenya.

  • An overview of the trade mark registration process in Kenya

    An overview of the trade mark registration process in Kenya This is an overview of the trade mark registration process in Kenya

  • http://lnkd.in/dCPbNMx

    http://lnkd.in/dCPbNMx

    http://lnkd.in/dCPbNMx This article provides a summary of the effects of the VAT Act 2013 on intellectual property transactions in Kenya

  • Employee inventions in Kenya: Who owns the Intellectual Property?

    In Kenya, written contracts of service must provide for certain minimum terms and conditions of employment. These are specified in the Employment Act, 2007 and are: the name, age, permanent address and sex of the employee; the name of the employer; the job description of the employment; the date of commencement of the employment; the form and duration of the contract; the place of work; the hours of work; the remuneration, scale or rate of remuneration, the method of calculating that remuneration and details of any other benefits; the intervals at which remuneration is paid;…

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