Oxford seeks order to restrain rival

Oxford University Press (EA) wants the High Court to permanently restrain Longhorn Publishing (K) Ltd from further infringing on its copyright.

The publisher told Justice Martha Koome on Wednesday that their rival had continued publishing and selling copies of their Kiswahili dictionaries despite an undertaking that they would cease from further infringement.

Longhorn, on its part, is accusing Oxford of an attempt to exert a monopoly over the Kamusi market in the East African region and pleaded with the court to dismiss Oxford’s application for injunction.

Longhorn, through its lawyer David Muriuki, claimed Oxford wanted to curtail the development, growth and perpetuation of the Kiswahili language contrary to free market principles.

A ruling will be delivered on January 29.

Oxford had moved to court accusing its rival of copyright infringement by reproducing key sections of their two Kiswahili dictionaries—Kamusi ya Kiswahili Sanifu and Kamusi ya Shule za Msingi.

Longhorn and four of its co-authors were restrained from circulating, distributing, reproducing or selling the two dictionaries pending the hearing and determination of the suit.

Oxford argued that Longhorn was imitating its two publications and the court granted them interim orders blocking Longhorn from trading in the two dictionaries.

Oxford permission

Longhorn is sued together with three of its co-authors—John Gongwe, James Saleh, Adam Shafi from Tanzania and Kenya’s Kimani  Njogu.

Oxford’s publishing manager Kithusi Mulonzya says Oxford entered into an agreement with Gongwe to co-author Kamusi ya Shule za Msingi and that according to the agreement, Gongwe was barred from preparing or editing work from any other publisher without Oxford’s permission.

But Oxford later learnt that the dictionary titled Kamusi Kamili ya Kiswahili co-authored by Gongwe and three others contained words, definitions, notes, summaries and illustrations which are colourable imitation and represents sections of Kamusi ya Kiswahili Sanifu and Kamusi ya Shule za Msingi.

The publisher gave examples of definitions and words allegedly copied from Kamusi ya Kiswahili Sanifu.

Such words include amba, anzali, afrijika, kipozamataza and shehena.

Others are illustrations and photographs of birds, insects and animals.