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What can you do if government officials steal your ideas?

A Kenyan man is claiming credit for a website launched by the country's Ministry of Education earlier this year.

Ministry officials have taken credit for the website, National Education Management Information System (NEMIS), which stores the records of the academic performance of students.

Daniel Kimencu, through his company Bay Concepts Ltd, is demanding compensation, recognition as the copyright owner, and for action to be taken against the government officials who took credit for the site.

Kimencu said Bay Concepts took a total of four years to create a website and a mobile application which included extensive communications and giving presentations to officials in the Ministry of Education. They even signed a formal contract.

But after the launch on 18 October 2017, Kimencu realised that the ownership of the business had been credited to the ministry’s employees.

The accused are pleading ignorance on the matter. Ann Gachoya of the Directorate of Policy, Partnerships and East Africa Community, team leader during the development of NEMIS, and who corresponded with Bay Concept Ltd, told Daily Nation: “We don’t know them.”

But if Kimencu really has - as he claims - hundreds of e-mails, minutes of meetings, presentations and even copyright registration certificates as proof that he communicated with ministry officials it will be a good cure for amnesia should he pursue the matter legally.

The problem with copyright registration certificates is that they are not effective if the recipient isn't aware of them beforehand.

There is a similar incident in Kenya where a man is accusing the Ministry of Devolution and Arid and Semi-Arid Lands of stealing his idea to reduce cattle theft.

James Kandagor claims he pitched to the ministry’s senior officials his idea to bring down cattle theft in pastoral communities in Kenya. There are generational feuds among communities and stealing cattle is common because they depend on the animals for their livelihood.

Kandagor was surprised to learn that his written pitch was presented in the recent Inaugural Asal Conference in Malindi as the ministry’s original idea without giving him credit. He has written a letter to the head of the public service.

Before heading into a meeting to share your ideas, be sure to upload your written materials to PitchMark and use the link generator to send them to the intended recipient.

Not only does this create proof of date and time of your upload, it also signals to the recipient that you value your ideas, and that you expect to be recognised as the creator.

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Contacts

Mark Laudi

Mark Laudi

Press contact Managing Partner (+65) 6223 2249

Let your clients get the idea, without taking it.

PitchMark deters idea theft and provides you with options if it happens.

PitchMark protects the expression of your original concepts, designs, proposals, business plans, creative pitches, music - in short, any idea that you conceived and published, and claim as your own. It gives you peace-of-mind by signalling to whoever you share it with that you are its creator, and that you wish to be respected as such.

If you receive or evaluate ideas or pitches, join PitchMark as a sign of your commitment to respect the Intellectual Property rights of their creators. Attract more in-depth pitches from a wider range of sources. Highlight your PitchMark membership in your Sustainability or CSR Report.

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