Parliament has asked the Solicitor General Shadrack Mose to review the law governing the infringement of trademarks, copyrights and exclusive use of patents.
This is after it emerged that there are 28 private companies using the “Absa” Trademark including Absa Bank Kenya PLC.
The National Assembly’s Justice and Legal Affairs committee warned that the proliferation of private firms using the “Absa” trademark is an indicator of widespread infringement of copyright or patents.
“You are the custodian of business registration names and you have a duty to protect patents or copyrights. We cannot have tens of companies using the same trade mark. It shows there is a problem at the Business Registration Service (BRS),” Gitonga Murugara, who chairs the committee said.
The Companies (General), Regulations, 2015 provides that the registrar may refuse to list any name that has been registered as a trade mark in the event the registrar becomes aware of such registration.
Mr Murugara asked Mr Mose, who was accompanied by Kenneth Gathuma, the director general, of Business Registration Service, to review the law with a view to tightening procedures governing the registration of companies.
The State-law officers appeared before MPs to answer questions in relation to the use of the word ‘Absa’ by Absa Bank Kenya PLC despite another company-Absa Kenya Limited-having been registered under the name.
Documents tabled before the committee shows that there are 28 private companies using the word ‘Absa', some having been in operation since 1954 but changing their names to include Absa.
