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

Innovation & Intellectual Property
based on the work that has been done by the Malindi District Cultural Association
(MDCA) to formalise the custody and continuity of the Miji Kenda TK. Of particular
interest was to get a sense of the Miji Kenda community’s views on the
potential impact of ICTs on solidification of its TK commons. Next, the research
team conducted focus group discussions with potential policy actors and elders
within the two communities, primarily via the MDCA and the Maasai Cultural
Heritage Organisation (MCH).
Interviews were then carried out with representatives of various institutions
involved in policy creation and implementation at the national level, including
the Office of the Attorney-General and the Department of Justice, the Kenya
Copyright Board (KECOBO), the Department of Culture, the Kenya Industrial
Property Institute (KIPI), the University of Nairobi and National Museums of
Kenya. The focus groups and interviews were semi-structured to ensure flexibility
and to allow for purposive identification of additional interviewees.
The next section (Section 3) outlines the research study’s conceptual framing
in relation to notions of TK and commons modalities. Section 4 outlines the
study’s findings regarding the Kenyan legal and policy environment. Section 5
provides and analyses the research findings from the qualitative focus group
discussions and interviews. Section 6 draws conclusions based on the study
findings. (See Chapter 7 in this volume for discussion of the dynamics of an
existing TK commons that has been set up by traditional medicinal practitioners
in the Bushbuckridge region of South Africa.)
3. Conceptual framework
The term “traditional knowledge” does not have a universally accepted definition.
Some believe this is due to the diversity of traditions and culture at both
the domestic and international levels (WIPO, 2001). Several attempts have been
made to define TK (which, for the purposes of this study, included primarily
TCEs and folklore). 3 TK is diverse, dynamic and varies from community
to community. One study by Ostrom (1990) revealed that TK has a strong
cultural and socio-economic impact on ILCs. The main challenge lies in the
documentation and preservation of TK, and is well summed up in the words
of a member of the Maasai community in Kenya: “When an elder dies, it’s just
3 See, for instance, Article 7(II), Brazil’s Provisional Measure No. 2.186-16, available at: www.wipo.
int/wipolex/en/details.jsp?id=5897 (accessed 10 April 2013); Article 3(1), Portugal’s Decree-
Law No. 118/2002, available at: www.wipo.int/wipolex/en/details.jsp?id=5897 (accessed 10
April 2013); and Hansen and Van Fleet (2003).
136