INVITATION TO THE ROUNDTABLE FORUM ON THE DEVELOPMENT OF AN INDIGENOUS INTELLECTUAL PROPERTY LEGISLATION IN KENYA

Maasai Market Empowerment Trust is an umbrella organization which was founded to confront the challenges facing the curio craft industry in Kenya. Intellectual property rights have been identified as a key challenge. This has led to the formulation of the Regesha Kiondo Regesha Kikoi campaign to lobby for the recognition of the two products as authentically Kenyan creations and sensitize the public on importance of indigenous intellectual property and specifically on issue of traditional knowledge. It's in this light that we have the pleasure to invite you to sit in our round table forum to be held at the Goethe- Institut, on November 28th beginning from 3.30pm to 6.00pm.
The urgency for the development of Indigenous Intellectual Property Legislation in Kenya has been intensified in light of what has been happening on the global scene where some international companies have moved in to patent products which have deep roots in Kenya, such as the kiondo and the kikoi. These two products have been key earners for women groups in Ukambani and the Coast which are some of the most marginalized communities in the country and their reproduction has already had a huge impact on the market due to reduced sales. This will in no doubt lead to increased poverty in those regions reversing our effort toward reaching the Millennium Development Goals. It’s further feared that if due to the weak nature of the intellectual property law which in Kenya is found in the industrial property act which does not encompass traditional knowledge, folklore and sources, more products with deep roots in Kenya will be lost. The problem is further aggravated by fact the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) did not recognize African indigenous products. It’s this challenge that the program seeks to tackle by lobbying for the development of an indigenous intellectual property law in Kenya.

The theme of the forum will be:
Towards an Indigenous Intellectual Property Legislation in Kenya

MMET IN PUSH FOR AN INDIGENOUS INTELLECTUAL PROPERTY LAW IN KENYA

MMET beginning of this month is in the process of pushing for the development and passing of an indigenous intellectual property law in Kenya. This is in reaction to the threat posed by the patenting copyrighting and trade marking of processes, names and products which have deep cultural attachment to Kenya. The process will involve various stake holders and is hoped that it will be passed into law in the 10th parliament.

OPEN FORUM PICTURES

MMET SET TO LAUNCH NEW PROJECT

Plans to launch an intellectual property rights sensitization campaign, to agitate for the return of the Kiondo and the Kikoi to its rightful owners are at an advanced stage. Dubbed Regesha kiondo, Regesha kikoi the forum will bring together artisans, designers, producers, legal officers, law enforcers, activist and policy makers to deliberate, trouble shoot and strategize on how to tackle intellectual property issues specifically in regard to the Kiondo and Kikoi in an attempt to safe guard our heritage. In lieu of what is happening in the globally where certain organizations have proceeded to patent items of Kenyan heritage MMET has considered it prudent to carry out a sensitization campaign on the importance of intellectual property rights while agitating for the preservation of Kiondo and Kikoi as authentic Kenyan products and protect similar products at risk. It’s of great concern that if Kenya continues to loose the rights to trade in its own inventions and those that have been brought down through generations like the Kiondo and the Kikoi, then the global effort to eradicate poverty and attain the MDGs will be difficult to attain.
The Kiondo is an African traditional basket, popular amongst the Akamba Agikuyu and Maasai women due to its form and function. It was widely used in the pre-colonial period and women had deep attachment to their Kiondo. Usually there were different sizes to suit different applications depending on the type of goods one had to carry. Made from sisal the Kiondo has many different designs which have been mutating over the years.In the 1980s due to the rapid growth of tourism in Kenya, the Kiondo became a popular souvenir item for tourists. It’s during this period that the Kiondo changed from the previous heavy duty utility to the modern day trendy small pouch with a fashion sense. This change led to the development of an entire industry that supported many families especially in the rural areas where the bulk of the women, weave for a living. Much of the Kenyan country side has high rates of poverty and the business of weaving the Kiondo has been a key earner. This is especially so in Ukambani a semi arid area mainly inhabited by the Akamba where water is scarce and food security is poor. Statistics show that 56% of all Kenyans are living below the poverty line and now the patenting of the Kiondo by overseas companies is set to aggravate the problem by impoverish the communities further. Already the sales of Kiondo has plummeted and there concerns that they might halt altogether. Many women who are the bread winners of their families have are losing their livelihood. This affects entire families who are dependent on their mothers and sisters in such business.

The Kikoi, another ladies favorite, is an African shawl with its origins along the East African coast. Traditionally used for cultural purposes, the Kikoi gained its prominence due to the rapid growth of the tourism industry. It has for a long time been a source of revenue for many families as young women earn their living from producing the popular garment. This however is threatened by the recent attempt to patent the traditional garment under the brand name ‘Kikoy’. Already due to an influx of Indian copies of the ‘Kikoy’ thousands have their means of living affected. This is set to worsen if the brand is patented abroad.It’s in the light of this that we in the Maasai Market Empowerment Trust came out with an action plan that not only will it save our beloved Kiondo and Kikoi but also will protected thousands of other items that are produced every week by designers.
The forum which will be held in late July in a yet to be confirmed venue within the city with conjunction with a cultural institute and will follow two successful meetings where beneficiaries of the Trust gave their go ahead to the trusts action plan.

About us

Maasai Market Empowerment Trust is a non profit making organization whose key objective is to uplift the standard of living of the people in the arts and crafts industry. It’s registered in Kenya as a public charitable trust and is led by a board of trustees drawn from the industry and from other strategic movements with similar ideals. A legal counsel acts as the sectary to the board. It draws its membership from the thousands of small holdings dealing in artifacts, majority who are women and mainly concentrates on the primary producers and designers of these products who are most vulnerable to unfair trade practices due to low literacy levels on intellectual property rights and lack basic infrastructure to harness their huge potential. The trust is open to both individual and corporate membership. An advisory council is at hand to help in the formulation and execution of programs when need arises .The trust’s action plan is drawn from the key challenges facing the industry and can be summarized as follows:

I. Community development and microfinance

The artifacts industry is basically small holdings which more often than not face challenges of financing due to lack of easy access to credit This program is designed to look into the problem, by establishing a micro credit facility where members can access credit at low interest rates. This program will also encompass a training program on business management and streamline the day to day running of open air markets, with issues such as security, sanitary and planning taking centre stage by liaising with financial institutions and other relevant actors. The program will target women and the youth who form the bulk of membership.

II. Intellectual property rights

This program has been formulated in light of what has been happening on the global scene where some international companies have moved in to patent products which have deep roots in Kenya, such as the kiondo and the kikoi. These two products have been key earners for women groups in Ukambani and the Coast which are some of the most marginalized communities in the country and their patenting has already had a huge impact on the market due to reduced sales. This will in no doubt lead to increased poverty in those regions reversing our effort toward reaching the Millennium Development Goals. It’s further feared that if the creative designers in the arts and crafts industry who use local materials to produce unique designs are not sensitized on intellectual property rights, then more of original Kenyan products will be lost further aggravating the problem. It’s challenge that the program seeks to tackle through workshops, seminars, newsletters, campaigns and events while highlighting the followin

· Patent issues
· Distinctive signs
· Copyright and related rights
· Industrial designs
· Trade secrets

In order to develop capacity to deliver on the above, the trust will run a resource centre where legal research on Kenyan laws as pertains to intellectual property will be carried out and a data base on the same established. This centre will work hand in hand with the Legal Research and Advisory Centre (LRAC), an affiliate organization dealing with legal issues on intellectual property rights. The trust is in the process of applying for a license from the Kenya Intellectual Property Institute (KIPI) to operate as an intellectual property registration agency to assist in patenting and recording of intellectual property designs for its members. Other services in the offing are:

III. Health Care and social security
This will involve the procurement of affordable healthcare for members by liaising with suitable healthcare institutions in the form of health insurance where members contribute a token amount and are able to access quality healthcare. This will cover the immediate family members.

IV. Marketing
The trust is in the process of setting up an effective marketing mechanism to boost sales by the formulation and implementation of the Curio Export Council whose key objective will be to link the local producer to the global market through fairs, exhibitions summer market days and other relevant methods. The trust is also in the process of publishing the first magazine to market products from members. The magazine will be free and will be distributed to most areas popular with tourist. It will also be available on the internet alongside the organizations website.

Membership

The trust is open to both individual and corporate membership.

Individual membership
This is designed for those who are creative innovators and who are actually the engine of this industry and who wish to have their creative ideas protected by law against abuse by unscrupulous traders both within the country and world wide. It’s envisaged that if well protected this designs will eventually lead to accumulation of wealth and thus in reduction of poverty which as of now stands at 56% of the total population. Members automatically qualify for a wide range of support services such as:


· Microfinance support
· Intellectual property rights support
· Training in business management and marketing
· Training in intellectual property laws
· Healthcare
· Marketing

Corporate membership

This is designed for those organizations in the industry and out of the industry who would wish to work with the trust on various matters. This could be interested micro financing institutions, community development institutions, corporate organizations and companies, savings and credit organization, organizations with similar interest etc. The corporate membership fee is Kshs 50,000 per annum. This does not however prevent such organizations from supporting other projects within the trust as they may desire.