Your are here  » Home   » Business

M-Shwari:Safaricom wins first round against Faulu

By Isaiah Lucheli Updated Saturday, December 22nd 2012 at 00:00 GMT +3
Share this story:
Google Plus
Linkedin
Comments

By Isaiah Lucheli

The High Court has rejected a prayer by Faulu Kenya to block Safaricom from offering to its subscribers and the public the M-Shwari services.

Faulu Kenya, a micro-finance organisation, has laid claim to Safaricom’s new product M-Shwari.

In his ruling, Justice Jonathan Havelock said Faulu had not made any application to be registered as a patent owner of the product under section 34 of the Industrial Property Act.

 “To my thinking the plaintiff is not the owner of a registered utility model or industrial design,” he said.

“I do not consider that the section applies to just any application where there is no registration as a patent owner or utility model or an industrial designer.”

Justice Havelock also turned down a request by Safaricom to have the case withdrawn from High Court and instead be taken before the Industrial Property Tribunal.

Faulu Kenya had argued that last year,  it developed a cash advance service, which would be operated on the mobile telephony platform and where its clients would apply for, receive and make payments through the mobile phone network.

In an affidavit, the micro-lender explained that it was already using the product in partnership with Airtel  Kenya Ltd. The micro-finance organisation claims it proposed to Safaricom to partner with it in offering the service and presented them with a concept paper that incorporated  information on the cash advance product. The firm said it entered into a non-disclosure agreement with Safaricom but that the mobile giant, in breach, presented a similar product called M-Shwari.

 


 

Do you have something to add to this story? Comment here.
Business
Comment Policy
Jeff Koinange Live with PLO Lumumba and Barrack Muluka 10/2/2016 part 1
Outgoing Sam Nyamweya Welcomes Team Change at FKF
Nick Mwendwa elected new Football Kenya Federation President
Kenya National Chamber of Commerce seeks to open up markets for SMES
Corruption at the port takes up cost of doing business
ICPAK call for resignation of Jonathan Ciano as chair of institute’s disciplinary committee

FOLLOW US TODAY