Intellectual property policy to protect innovators

WANGARI MWANGI AND SAMUEL MAINA-KNA

The Ministry of Invest ment, Trade and Industrialization is developing the country’s first ever National Intel lectual Property Policy and Strategy aimed at protect ing local innovations.

The draft policy, which is currently at the public par ticipation stage, is expected to provide a comprehen sive legal and institutional framework that will safe guard Intellectual Property (IP) rights and at the same time enable innovators, artists and entrepreneurs to commercialize their ideas.

Speaking in Nyeri during a public participation exer cise organised to collect public views on the draft policy, Industrialization Secretary Prof Erastus Gatebe, noted that the absence of an IP policy has continued to hinder the country’s ability to maximize the value of local innovations.

He said that if the country is looking to create quality jobs and stimulate industrial growth, the government must invest in systems that protect innovations and indigenous knowledge.

“The reason why we are keen on this as a Min istry is because we have realized that we have so many innovations and inventions but we rarely benefit from them.

"They are pirated and are taken away and the innovators wallow in poverty while their innovations are ben efiting others. So in order to put our mark in the global market, promote export and promote manufac turing and trade, we must have this policy which will make the country move to the next level,” said Prof Gatebe.

Data from the Kenya Industrial Property Insti tute, patent application by Kenyan residents’ average few than 200 annually.

The study showed that utility models,industrial designs and trademarks remain largely underutilised despite Kenya’s dynamic entrepreneurial and creative base.

A 2016 Micro Small and Medium Enterprises survey by Kenya National Bureau of Statistics shows that more than 70 per cent of MSMEs operate without awareness of IP rights therefore limit ing their ability to protect innovations and build competitive advantage.

Findings from the study further detailed how the country spends less than 1 per cent of its Gross Domestic Product on research and even lesser funding on innovation, IP protection and commercialisation.

It also revealed how weak enforcement further com pounds the problem.

The Anti-Counterfeit Authority in 2021 estimated that counterfeit goods account for over 10 per cent of the Kenyan market resulting in losses of approximately Sh 50 million annually while undermining legitimate businesses and endanger ing public health.

Some of the key pro posals in the draft policy include establishment of stronger IP safeguards for the creative industry. 

The Ministry has pro posed mechanisms to tighten copyright enforce ment and ensure artists receive fair compensation for their talents.

The policy has also recommended that the Ministry establishes structures to support digital rights management so that crea tive can fully commercialize their talent.

The framework has also proposed measures to protect the country’s rich traditional knowledge, genetic resources as well as cultural heritage from bio-piracy and unauthor ized commercial exploitation.

Similarly, it has laid down benefit-sharing guidelines which will ensure local communities retain ownership of their cultural assets while at the same time, benefiting economically from their utilization.

Innovators and develop ers working in the Tech nology space are expected to benefit from simplified patent registration pro cesses alongside incentives that are aimed at attracting investments in local start ups and accelerating the uptake of home-grown technological solutions.

Should members of the public endorse the draft policy, the country’s manufacturing sector will benefit from stronger protection mechanisms for industrial designs and trademarks.

As part of the Government’s efforts to curb counterfeit products and illicit trade, the draft policy has recommended that the Ministry intensifies the fight against counterfeit and illicit trade, which continues to undermine genuine local manufacturers.

Agriculture will equally benefit through enhanced protection of new crop varieties and the introduction of geographical indi cations for region-specific produce.

Provisions in the policy indicated that the enhanced protection will add international value to Kenyan products such as coffee tea, macadamia and avocado and enable producers to earn higher returns from unique region specific products.

“These are some of the things we are doing to protect the country as well as to have the maximum benefit out of our strengths. To achieve this, the policy aims to harmonise, strengthen and leverage the unique strengths of the country’s key regulatory bodies and agencies," said Prof Gatebe.

Speaking at the same event, the Anti-Coun terfeit Authority boss Dr Robi Mbugua said the policy will create a conducive environment that will protect innovations and competitiveness of Kenyan products.

He said that besides giving Kenyan youth and innovators an opportunity to convert their ideas into enterprises, the policy will lay the foundation that will help the agency tackle the counterfeit menace in the country.

“Unless Intellectual Property rights are pro tected, ideas are still prone other people might steal their IP and our innovations and make counterfeit prod ucts and end up benefiting.

"The policy will allow inno vators to report to us when ever they come up with products and the authority will move with speed and apprehend anybody who is dealing with counterfeit products,” he said.