policy on intellectual property in kenya

7/29/2019 Policy on Intellectual Property in Kenya

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POLICY ON INTELLECTUAL

PROPERTY IN KENYA

Job Isaac Jondiko

Maseno UniversityP.O.Box 333 Maseno, Kenya


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What is IP

Intellectual property (IP)

n creation of the human mind i.e. human

intellect

n intangible property

n translated into tangible products.


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What is IPRs?

legal protection of IP

n range of rights associated with

n inventions, discoveries, writings, productdesigns, and other creative works.


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Components of intellectual

property

Two Categories of IPRs

Industrial Property Rights

Copyright and Related Rights


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Industrial Property Rights

Patents

n Industrial designs

nTrademarks and Service marks

n Geographical indications

n Layout of integrated circuits

n Plant breeder rights n Trade secrets


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Copyrighted works

Literary works

n Artistic works

nComputer programs

Database


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Knowledge-based economy

IPRs have become controversial in internationaldiscussions and debates on such diverse topics as

trade, investment, technology transfer, industrial

policy, public health, food security, education, humanrights

widening gap between the income levels of thedeveloped countries and the developing countries.

Economy is becoming increasingly knowledge-intensive.

Our future prosperity more than ever depends onthe innovative capacity of business and industry.


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IPR Policy

A Framework for decision making process on

IPRS.

A Guideline and Strategic Plan for Decision

Making Process.

A Legal Framework for Decision Making

Process That Protects IPRS.


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The problem statements

Poor socio-economic and health status.

Loss of indigenous knowledge.

High dependence on foreign technology Unbalanced international trades.

Lack of indigenous technology and poor

knowledge protection environment. Weak intellectual based economy.

Poor contribution of inventions to economy.


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Justification of Intellectual

Property Rights Policy

Creation of an environment that encourages

and expedites the dissemination of

discoveries, creations and new knowledge

generated by researchers and citizens for the

greatest public benefit.

Protection of the traditional rights of

Nationals researchers and Citizen to controlthe products of their scholarly work.


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Justification Cont.

Ensuring that the commercial results, financial

or other benefits are distributed in a fair and

equitable manner that recognizes the

contributions of inventors, the institution and

other stakeholders.

Ensuring that both IP and other products of

research are made available to the publicthrough an efficient and timely process of

technology transfer.


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Objectives of the national IPR

Policy. To promote, preserve, aid innovation and creativity

among the citizens in Kenya, and to create incentives

to attract and retain qualified staff by rewarding

them to innovate, invent and create IPRs. To establish standards for determining the rights and

obligations of inventor(s) and other stakeholders.

To ensure compliance with applicable national laws

and regulations by sensitizing staff on IP and tap

creativity among the inventors and stakeholders.


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Purpose of IPR Policy

Ownership of Intellectual Property.

Research Funding and Intellectual Property.

Revenue or Benefit Sharing. Government Rights.

IP Asset Management.

Capacity Building for Researchcommercialization and Technology Transfer.


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Purpose Cont.

Routes for Commercialization and Technology

Transfer.

Managing Conflict of Interest and

Commitment.

Managing Invention Process.

Implementation Strategies.


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Technology Acquisition

There are 4-broad means of acquiring technology, i.e.;

Indigenous R&D

Direct foreign investment

Purchasing or leasing off-the-shelf, and

Overseas training and study tours

Accessing patent documents in the public domain


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Mandates of Universities, R&D

Institutions and Jua Kali Artisans

Universities= Capacity building, Teaching,

Research and Knowledge Development

R&D Institutions=Knowledge and Technology

Development.

ALL=Knowledge Transfer and Development

NEED=Knowledge and Technology Protection.

HENCE =IPR POLICY. Only five out 14

institutions.


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OPERATIONAL

ENVIRONMENT

The GOK adopted an Industrialization strategy for

achieving:

sustainable economic growth, rapid employment

generation and poverty eradication,

thro competitive production and consumption

It is however, well recognized that for the last 10 years

or so, the Industrial sub-sector in Kenya has been on

the decline, and that,


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Contin.

the country is faced with;

Low capacity of generation and utilization of

indigenous knowledge and technology Declining productivity, and

Limited technological advancement

All of which are indicators of inadequate application of

R&D Products and Use of Existing IPR Framework.


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Research Products and IPRs-1

The direct product of research is knowledge.

It can be in the form of

New Technology

New Product

New Process

Improvement in existing product, process ortechnology


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Research Products and IPR-2

Publication a traditional R&D output

The dissemination of knowledge throughpublications is not enough.

R&D is only useful if its products can lead to

Economic development

Industrialization

Job creation

Poverty Reduction

It is only through transfer of knowledge that a R&DInstitution can become relevant to the societythrough effective IPR POLICY


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Research Products and IPR-4

There are two types of Assets

Tangible Assets Raw material, land, building,

machinery

Intangible Assets knowledge

Old Economy New Economy

Tangible property Intangible Property-IK

Research Products belong to a class of intangible property called

intellectual property assets

These Assets Require Policy and Legal Framework

for Protection and Commercialization.


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. Intellectual Property andIndigenous Innovation

Main International IP Treaties Accessed

WIPO Convention October 1971

Paris Convention

(indust.pro. Since 1965

Madrid Agreement (Marks) Since 1998

Berne Convention(literary ,Art) Since 1993


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Main International IP Treaties Accessed .

PLT(Patent law treaty) Since 2000

PCT (Pat.Coop.Treaty)Since 1994

8. Geneva Convention Since 1976

9. WTO (trips) Since 1995

10 ARIPO,UCC,UPOV,OAPI


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. Methods of Commercialization

There are Four Methods through which an IntellectualProperty Assets can be commercialized

Licensing

Sale

Own exploitation start up companies

Joint ventures

THEREFORE DO NOT EXPOSE THE ASSETS

PREMATURELY. MAKE EFFECTIVEINSTITUTIONAL FRAMEWORK.


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. Evaluation of the Impact of R&D

The contribution of R&D Institutions or individuals towards a countrysdevelopment can be measured through quantity of

IP Assets generated

IP Assets Licensed

Income from Technology Licensing

Companies created directly based on the product

of R&D

Jobs created

Consultancy offered IMPLEMENTATION OF APPROPRIATE IPR POLICY IS

IMPORTANT. WE MUST DO SWOT ANALYSIS

2 Kenyan Patent Application Situation


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2. Kenyan Patent Application Situation

(1993-2003)

SMEs (Jua Kali) 116

Industry 45

R&D Institutions 14Individual from university 2

Secondary School 1University (MU) 1

The culture of innovation has not been developed

Researchers in Universities and R & D Institutions innovatedaily most of the innovation go unnoticed. Why ?

Poor utilization of the IPR Policy in Kenya.


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INDUSTRIAL PROPERTY STATICS

1999,2001 AND 2005Applications filed and /or Registered for 1999,2002 by ARIPO

Applications by Applicants Patents 2001 Trade marks

1999

Industrial

Designs 2001

Residents 2 418

Non-Residents 59 1,025 9

Grants to Residents 250

Non-Residents 33 740 5

ApplicationsPCT-2002

Grantsnot

available

Non-Residentsand

ResidentsTotal:

89,180

RegistrationMadrid System-

2005

Applications1,484(Only

non-residents

Registrations1,483(Non-

residents only


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Policy issues on IPR And Economic

Growthassumptions.

Countries are fixed as innovators or

purchasers of innovations.

Products are freely available without patent

protection.

Identical linear demand curves for all

countries.

Constant marginal costs.

Monopoly prices imposed under patent

protection


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Empirical Analysis- the Relationship

between IPR and FDI and Imports

Develop an IPR Score reflecting current

legislation and practice.

Analyse strength of IPR on FDI flows and

Imports for Kenya.


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Example of ranking for Latin

America. Fairly arbitrary

Enforceability (25pts)

Administration (10 pts)

Copyright (12pts)

Patents ( 17pts)

Trademarks (9pts)

Trade secrets (15pts)

Life forms (6pts), Treaties (6pts)

General public commitments (3pts).


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Practitioners Components

Protectable subject matter and compliance with

WTO or/and UPOV (1 or 0)

Convention membership with PCT or/and UPOV (1 or

0) Cost of protection-May be included if posted on

Websites.

Administration-competence of staff in Website or

not(1 or 0)

EnforcementCorruptions perception Index (0 for

high and 10 for low corruption)


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Intellectual Property Score 1998

COUNTRY IP SCORE COUNTRY IP SCORE

Botswana 5.7584 Senegal 3.9712

Namibia 5.0032 Cote dIvoire 3.7824

South Africa 7.3548 Egypt 2.7376

Tunisia 4.7200 Kenya 4.8060

Zimbabwe 4.8208 Nigeria 1.7936

Malawi 4.7264 Tanzania 1.736

Morocco 4.3488 Brazil 6.6960

Zambia 3.3040

Ghana 3.9712

Key Constraints in promoting


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Key Constraints in promoting

industrialization through R&D

Low utilization of IPRLow level of commercialization of STI findings

Low level of utilization of Reverse Engineering

Inadequate Technology Transfer policy

Lack of entrepreneurial cultureWeak linkages between STI organizations and SMEs

Low Funding of STI

Weak marketing practices in STI and SMEs

Inadequate utilization of local knowledge

Weak linkages and networks amongst STI institutions

Inadequate utilization of cleaner production techniques


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Low Funding of STI

Objectives and Strategies 1. To increase funding of R&D from 0.3 % to at least 2-3 % of the GDP

Lobby government through sensitization

2. To formulate national industrial research programs

Undertake industrial research needs assessment in the identified keystrategic areas

Develop mechanism for funding

3. To Establish a National Industrial Research Fund Lobby government and development partners through sensitization

NOTE: The GoK must fund strategic research


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Low Utilization of IPR

Objective

1. Promote the generation, protection and utilization ofintellectual property assets in STI organizations , SMEs, MEsand LEs

Strategies

Create an IP literate STI personnel

Create focal IP points in STI Institutions and SMEsDevelop IP policies in STI organizations and SMEs

Provide policy incentives for the generation, protectionand commercialization of IP Assets


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Low Commercialization of R&D and

innovations

Objective

4. Promote commercialization of innovations and R&D outputsStrategies

Create technology transfer offices in STI organizationDevelop technology incubatorsDevelop technology parksCreate venture capitalCreate industrial innovation fundEstablish Units for prototype development in STIorganizationPromote use of business development services


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Inadequate technology transfer policy

Objectives

6. Review and develop technology transfer policy

7. Formulate appropriate laws and regulations to back the policy

Strategies

Review existing policies on technology transfer

Develop appropriate Sessional papers

Review and update laws and regulationsrelating totechnology transfer


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Lack of entrepreneurial and

technology culture

Objective

8. Promote entrepreneurial culture in STI activities

9. Promote technology culture among Kenyans

Strategies

Strengthen formal entrepreneurial education

Nurture entrepreneurship among the youth

Demystify STI

Create awareness on the importance of STI todevelopment

Reward creativity and innovation


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Weak linkages between STI

Organizations and Industries

Objective10. Strengthen linkages between STI organizations and industries

Strategies

Embracing entrepreneurial culture in STI organizations

Generate technology oriented SMEs from R&D outputsPromote business linkages with industries(consultancies and contract research)

Promote the uptake of R&D outputs by industries

Provide policy incentives for industries to finance R&D

Finance joint R&D activities between industries and STIinstitutions

f


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Inadequate utilization of Traditional

knowledge and local resources

Objective

11. Promote the use of TK and local resources

StrategiesDevelop policies that promote the increase local contents

in technology

Utilize TK in technology development and utilization

Develop technologies for value addition to local

resourcesPromote a culture that encourages consumption oflocally manufactured products

k l k


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Weak linkages amongst STI

Organizations

Objective

12. Promote networking and collaboration amongst STIorganizations

Strategies

Undertake capacity audits in industrial research

amongst STI organizationsPromote joint and multidisciplinary research

Promote sharing of research equipment

k k i i i


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Weak marketing practices in STI

Organizations and Industries

Objective

13. Strengthen marketing practices in STI organizations andindustries

Strategies

Embracing marketing culture in STI organizations

Embrace strategic marketing practices in industries(SMEs)


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Conclusions

Rationalize and prioritize R&D activities in line with highpotential sectors/clusters of the SMEs, MSEs and LSEsthat will serve as seedbed for industrialization

Establish Technology Service Centers to serve as hub for:

Technology identification, sourcing, negotiation andtechnology acquisition

Establish Technology and Business Incubation Centers

There must be a deliberate effort to embrace STI as a toolfor industrial and economic development


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Conclusions contd

Lead Technology missions and study toursEstablish functional partnerships with relevant GovernmentMinistries and other Departments, NESC, etc

Establish functional partnerships with local, regional andinternational Organizations & RTIs

Lobby GoK to support initiatives to develop the NIRP andestablish a NIRF along the lines of ARF

Kenya must attract, train and retain high caliber scientistsand engineers to drive the process of industrialization

Kenya must embrace entrepreneurial and technologyculture in order to industrialize

Restech Centre Must lobby and Advocate for the IPR PolicyChange.

OPEN DISCUSSIONS


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OPEN DISCUSSIONS

policy on intellectual property in kenya

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