Geographical Indication (GI) options for Ethiopian Coffee and Ghanaian Cocoa

The Policy Context for a Commons-Based Approach to Traditional Knowledge
2. The research
The main research question the study sought to answer was: How and to
what extent does the Kenyan legal and policy environment cater to the creation
and implementation of TK commons modalities conducive to open innovation
and collaborative creativity? The core research question raised the following
sub-questions:
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What are the existing laws and policies in Kenya in relation to access
to TK?
Which laws and policies exist in Kenya to ensure perpetuity and thirdparty
access to TK?
How do relevant actors, such as the government, universities, research
institutions and TK holders, contribute to TK commons modalities?
What are the actual or potential roles of ICTs in TK commons
modalities?
The study analysed:
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the existing legal and policy framework for the protection of TK in
Kenya and how it potentially affects or contributes to TK commons
structures among ILCs;
the potential role of Kenyan policy actors in fostering an enabling
environment for TK commons modalities in Kenya; and
the potential role and impact of the digital environment in support of
Kenyan TK commons practices.
Data were collected via library and online research, and via qualitative focus group
discussions and interviews. The library and online research looked at national,
regional and international papers, articles and stakeholder reports on TK protection
and TK commons modalities. Also examined were provisions related to
TK in the Constitution of Kenya, Kenyan Acts of Parliament, national policies
and relevant international legal instruments in the context of IP protection of
TK. Qualitative research consisted of practically oriented discussions with policy
actors, to gauge understanding of the concept of a TK commons, with the policy
actors drawn from ILCs, government, research institutions and universities.
Focus groups and interviews were carried out between May and July 2011.
First, the research identified two communities to engage in the study, namely,
the Maasai and Miji Kenda communities. The Maasai community was selected
because it is the site of a project, supported by the World Intellectual Property
Organisation (WIPO), on digitisation of the Maasai culture (which touches on
the issue of documentation of TK). The Miji Kenda community was selected
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