Today’s Daily Nation, Smart Company on page 3 has an article titled:
“If not Kenya or Japan, then who can lay claim to Kiondo?”
As far as the contents of this article go, it’s pretty similar to the views of IPKenya on the Kiondo and Kikoy issues i.e. what really transpired in the respective IP disputes and why both items are not patentable. The author of today’s article therefore rightly rules out trade mark and product patent protection for the Kikoy and Kiondo under the current IP regime. But the position held by IPKenya and others is that obtaining a process patent is possible if someone should come up with a way to make a Kiondo in a manner different than has been done before.
In concluding, the author of the newspaper article makes a very interesting statement:
“The knowledge of making the Kiondo has been passed down from generation to generation and with adequate legislation could be protected as such. For a long time, there have been no laws to govern traditional knowledge in Kenya. The new constitution has provided the legal framework for this but there are implementation gaps that still need to be filled.”
Comments:
Pursuant to Articles 40 and 69 of the new Constitution, the State is required to protect the intellectual property right of the people of Kenya, which includes traditional cultural expressions and traditional knowledge of genetic resources.
The World Intellectual Property Organisation (WIPO) defines ‘traditional knowledge’ (TK) as traditional-based literary, artistic or scientific works; performances, invention, information and all other traditional-based innovations and creations resulting from intellectual activity in all fields. TK includes medicinal knowledge, ecological knowledge, agricultural knowledge and scientific knowledge.
Here at home, the two IP Offices KECOBO and KIPI have taken the lead in developing a legal and administrative framework for the protection of Traditional Knowledge (TK) and they are part of a special TK Taskforce comprising of several other key government agencies appointed and gazetted by the Attorney General. Kenya’s priority in relation to TK is to protect holders of TK against infringement of their rights, protect expressions of folklore against misappropriation, misuse and unlawful exploitation beyond their traditions.
IP Kenya 