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Sanitam Services (E A) Ltd v. Rentokil (K) Ltd & Kentainers (K) Ltd

(2006) JELR 96441 (CA)

Court of Appeal  •  Civil Appeal 228 of 2004  •  28 Jul 2006  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Philip Nyamu Waki, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

Overview ...................

The appeal before us focuses on a branch of law which has scanty litigation and therefore minimal jurisprudential corpus in this country, but which has exploded on the world stage since the end of the 19th century when the international community formed two international unions to promote it - INTELLECTUAL PROPERTY. The Paris Convention of 1883 sought protection of Industrial Property while the Berne Convention of 1886 sought protection of literary and artistic works. A secretariat was then established to administer those conventions and has operated under various names but is currently the World Intellectual Property Organization (WIPO). The trend is to galvanize the international community to move in tandem in protecting all creations of the human mind by giving the creators property rights. That way human intellectual creativity will be stimulated and the fruits of such creativity will be available to the human race, while internatio…

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