Nairobi advertiser risks paying Sh500 million for infringing utility model

Anti-Counterfeit Agency official in Nairobi, lead a crackdown on illegal advertising bill boards allegedly operating on a protected utility model, belonging to Almumin Halal Products limited on Wednesday. PHOTO: DAVID NJAAGA/STANDARD

NAIROBI: Outdoor advertisers have been warned not to infringe patent utility models already registered as intellectual property.

The Anti-Counterfeit Agency has advised advertising companies to watch against infringement when buying spaces for their customers, citing numerous complaints received over the practice.
The directive comes as the agency started a crackdown on such advertisers in Nairobi's Central Business District Wednesday.

The exercise led to pole mounted adverts along Wabera and Mama Ngina Street by Biba, a stationery and boutique accessory outlet being pulled down.

"Many advertisers are oblivious of copyrighted utility models on outdoor adverts. They see a notice bill board and banner and make an advert of their own emulating the style not knowing of the consequences," said Inspector Tom Muteti from the Anti-counterfeit agency.

In the above case, Biba who claim to get the right to advertise using the utility model 51 by paying for advertising space to the city county, risks paying the said lawful owner of the model Al Mumin Halal up to Sh500 million in civil suit according to agency.

This is said to cater for the technical expertise that came up with the model, business lost due to the model being infringed since 2014 when Biba was served with a warning.

In the warning dated May 23, 2014; Al Mumin Halal through their lawyer Sichangi Advocates insisted that their client is the lawfully, and dully registered owner of the utility model invention disclosed in application KE/U/2012/000254 being an invention titled Pole Advertising Structure.

This involves an advertiser mounting an advert on the side of the pole mostly on the already existing street lights mounted by the Nairobi County.

In their defence, Biba argued that their sign is lawfully in place and that all fees payable were remitted to the city county government.

According to the Anti-Counterfeit Act, anyone who infringes a copyrighted intellectual right, may end up paying the lawful owner an equivalent of three times the loss made.

However, most of these cases are usually settled out of court considering the huge amounts at stake.
"But in this case, we will file a case as we were signatories to the copyrighted model," said Muteti.

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