Kenya’s Protection of Traditional Knowledge and Cultural Expressions Act No. 33 of 2016 Comes into Force

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On 31 August 2016, President Uhuru Kenyatta (pictured above) assented to the Protection of Traditional Knowledge and Cultural Expressions Bill, No.48 of 2015. The Bill was published in Kenya Gazette Supplement No. 154 on 7 September 2016 cited as the Protection of Traditional Knowledge and Cultural Expressions Act, No. 33 of 2016. The date of commencement of the Act is 21 September 2016, which means the Act is now in force. A copy of the Act is available here.

In previous blogposts here, we have tracked the development of this law aimed at creating an appropriate sui-generis mechanism for the protection of traditional knowledge (TK) and cultural expressions (CEs) which gives effect to Articles 11, 40 and 69(1) (c) of the Constitution. This blogpost provides an overview of the Act with special focus on the issues of concern raised previously with regard to the earlier Bill.

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Comments on the Protection of Traditional Knowledge and Traditional Cultural Expressions Bill, 2015

Call for Submission of Memoranda - National Assembly - TK Bill 2015 Kenya

This blogger has learnt that the Protection of Traditional Knowledge and Traditional Cultural Expressions Bill, 2015 has undergone Second Reading at the National Assembly as it nears enactment as a law in Kenya.

Other than the detailed commentary sent out last month by Prof. John Harrington and Dr. Lotte Hughes on the Bill, there has been no other substantive reactions or comments on the Bill excluding this recent piece on an earlier draft of the Bill.

A copy of the Bill tabled in Parliament is available here.

The commentary and response by Harrington and Hughes on the Bill reads in part:

“…the bill freely mixes ideas from conventional IP protection, sui generis regimes for TK and TCEs and the 2003 UNESCO Convention on the Safeguarding of the Intangible Heritage without trying to harmonise them or limit problematic consequences from the different approaches taken. The resulting system of protection may have some unintended consequences.”

What follows are some of this blogger’s thoughts on the Bill including some of the same issues raised by Harrington and Hughes.

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Nollywood, Rejoice: Nigerian Copyright Reform Draft 2015 Bill Published

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In November 2012, the Nigerian Copyright Commission (‘the Commission’) formally launched the Reform of the Copyright System. The key objective of the reform was to re-position Nigeria’s creative industries for greater growth; strengthen their capacity to compete more effectively in the global marketplace, and also enable Nigeria to fully satisfy its obligations under the various International Copyright Instruments, which it has either ratified or indicated interest to ratify.

Since the formal launch of the Reform, the Commission has undertaken a number of activities, including review and comparative analysis and case studies of similar national reform efforts; stakeholders’ consultations; collation of commentaries; and analysis of stakeholder feedback.

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Recap of 6th Global Entrepreneurship Summit 2015 #GESKenya2015

6th Annual Global Entrepreneurship Summit (GES) Nairobi Kenya 2015 July Victor Nzomo Delegate

In a previous post here, this blogger announced that among the topics to be discussed at the 6th Global Entrepreneurship Summit (GES) was the protection of intellectual capital with a sharp focus on intellectual property (IP). In addition to the IP Workshop on the first day, there was a Creative Economy Workshop on the second day. According to this workshop’s introduction, the creative industries (arts, entertainment, fashion) are attractive to many young people but few understand the business behind these industries and how to tap the creative economy to give them returns. On the workshop’s panel was a group of successful creatives who are turning the creative arts into sources of revenue, jobs and wealth creation.

In addition to the above, this blogpost will profile some of the top products and services pitched during the Global Innovation through Science and Technology (GIST) Tech-I Competition at GES which recorded over 790 applications from 74 countries in the sectors of agriculture, energy, healthcare, and information communication technology.

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Some World Intellectual Property Day 2015 Posters from Africa

Map of World Intellectual Property Day 2015 Events

As the world prepares to mark World Intellectual Property (IP) Day this Sunday April 26th 2015, this blogger has come across several World IP Day posters from around the continent created to reflect this year’s theme: “Get Up. Stand Up. For Music”. According to the map of World Intellectual Property Day 2015 Events by World Intellectual Property Organization (WIPO), there are only sixteen (16) confirmed World IP events being held in ten (10) countries across the continent. This blogger reckons that this represents a low turn-out by IP stakeholders across Africa’s fifty four (54) states given this year’s World IP Day theme and the importance of World IP Day activities and events for awareness creation and public sensitisation.

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ARIPO Swakopmund Protocol on Traditional Knowledge and Expressions of Folklore Enters into Force in May 2015

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As many readers may recall, the Member States of the African Regional Intellectual Property Organization (ARIPO) adopted the Swakopmund Protocol on the protection of traditional knowledge and expressions of folklore on August 9, 2010 at Swakopmund in the Republic of Namibia. Section 27 of the Protocol provides that it shall come into force three (3) months after six (6) states have deposited their instruments of ratification or accession with the Government of the Republic of Zimbabwe.

Since the adoption of the Protocol, the following five (5) states have deposited their instruments of ratification or accession: Botswana, Zimbabwe, The Gambia, Rwanda and Malawi. The sixth and final ratification was deposited (fittingly one might add) by Namibia on February 11, 2015. Therefore, the Swakopmund Protocol shall enter into force on May 11, 2015.

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World Intellectual Property Day 2015: “Get up, stand up. For Music.”

world intellectual property day 2015 poster get up stand up for music worldipday

“When Bob Marley and the Wailers laid down the opening track on Burnin’ in a Kingston recording studio some four decades ago, they likely had little idea how far their simple, straightforward tune would resonate, becoming an enduring international anthem for human rights.

Such is the power of music.” – WIPO, 2015.

The theme for World Intellectual Property (IP) Day 2015 is out: “Get up, stand up. For music”. In its press release, the World Intellectual Property Organization (WIPO) describes music as the “most universal of creative expressions” which “transcends borders and connects with some primal beat within all of us”. Through this theme, WIPO also appears to be paying tribute to the “inspiration and hard work of thousands of creative people around the world – singers and songwriters; musicians and publishers; producers, arrangers, engineers and many others” who are responsible for the music that we enjoy today.

This year’s World IP Day theme invites us all to explore some of the changes shaping the music industry today, and interact with those intimately involved in the business of making music about how they see the future. In this regard, WIPO asks:

“What is the future of our relationship with music? How will it be created and disseminated? How will we listen to it? And how will we ensure that all those involved in bringing us this universal pleasure can make a living from their craft?”

This blogger wishes everyone all the best as preparations to celebrate and reflect on this year’s #worldipday theme begin.

In the African context, this blogger highlighted Kenya’s successful 2014 World IP Day activities here and hopes that this year will be equally memorable.