#ipkenya Weekly Dozen: 29/06

First Volkswagen Assembled in Rwanda June 2018 DgsNALgXcAAGlJ_

  • The Continental Free Trade Area: A game changer for Africa [The East African]
  • Crunch Time at WIPO-IGC: A Last Attempt to Draft a New Genetic Resources Text? [ABS Canada]
  • Zimbabwe Launches National IP Policy & Implementation Strategy [AllThingsIP]
  • Ethiopia: Whose injera is it anyway? [Mail & Guardian]
  • Strengthening African Science [Project Syndicate]
  • South Africa: Marked improvements on the IP landscape [Lexology]
  • Google is throwing its weight behind artificial intelligence for Africa [Quartz]
  • Enabling intellectual property and innovation systems for South Africa’s development and competitiveness [Sibanda’s 2018 PhD Thesis]
  • Nigeria: Food Security In Africa: Is Genetically Modified Technology A Pathway? [Leadership]
  • Number of patents is a poor measure of innovation in ARIPO and Kenya [AfroIP]
  • Emojis and intellectual property law [WIPO Magazine]
  • Ten Years Later: Dismal Performance Scorecard for Kenya’s Anti-Counterfeit Agency [Captain Obvious]

For more news stories and developments, please check out #ipkenya on twitter and feel free to share any other intellectual property-related items that you may come across.

Have a great week-end!

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

uhuru-kenyatta-president-pscu-signs-tk-tces-bill-august-2016-kenya-2

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.

Continue reading

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.

Continue reading

Four Africans Named among 2015 Managing IP Top 50 Most Influential People in Intellectual Property

mip award

As many will recall last year this blogger was the only African named among 2014 Managing IP Top 50 Most Influential People in Intellectual Property.

This year, Managing IP (MIP) has recently published the 13th edition of the annual List of the 50 Most Influential People in IP (MIP50). According to MIP:

“This year’s list… is one of the most diverse ever, including people from Europe, North America, Africa, the Middle East and Asia. Some of those on the list are known for promoting stronger IP protection; others are skeptical; some are known for attacking IP rights; and many do not fit easily into any of these categories. More than one-third of those included are women, a record number.”

The full MIP50 List is available here and readers can follow the discussion on Twitter using the hashtag #MIP50.

Continue reading

Benefit Sharing Deal for San & Khoi Communities Should Inspire the Maasai

Tom Lalampaa and Prince William

The Atlantic published an article titled: “The Maasai People Take Back Their Brand” in which it highlights the efforts of UK-based non-profit Light Years IP in helping the Maasai “trademark its customs and name and claim a share of profits” made from the use of its name by European companies such as Land Rover and Louis Vuitton. Readers of this blog will no doubt confirm that this misleading article by the Atlantic appears to have gone viral and has been widely shared, re-posted, tweeted and retweeted. (See previous stories on the “Maasai brand” by the Guardian and BBC.)

While the Atlantic article continued to flood the internet, the news24 network in South Africa issued a press release announcing that a benefit-sharing agreement was signed between Cape Kingdom Nutraceuticals, the South African San Council (SASC) and the National Khoisan Council (NKC). Michael Stander, Managing Director of Cape Kingdom Nutraceuticals – a Cape Town-based company that acquires and processes the buchu plant in South Africa – is quoted as having said that:

Read the rest of this article here.

The intellectual property tale of how Kenya almost lost the Kikoi fabric

Recently, the Standard did a feature titled “How Global Coalition saved Local Fabric” in which it called for pro-active measures and long-term strategies to avert the loss of Kenya’s intellectual property assets to foreign entities.

“The country has seen one of its most indigenous products, Kiondo, snapped by international companies and nobody knows which one is next, whether is Kikoi, Maasai shuka, Akala, Akamba carvings, Gusii soap stones or Nyatiti, an eight stringed plucked musical instrument.” – Standard.

IPKenya has in the past argued for both IP-oriented protection measures (in the short term) and a sui-generis regime (in the middle and long terms) to deal with the issue of Kenya’s traditional knowledge products.

But for those who are not familiar with the Kikoi story in particular, here’s how it went:

Continue reading