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

Innovation & Intellectual Property
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take appropriate measures for the protection, conservation and preservation
of tangible and intangible national heritage situated within its boundaries.
These two policies, though silent on the notion of a TK commons, clearly articulate
the important role government institutions are expected to play in the protection
of Kenyan culture, heritage and folklore/TCEs. Article 4(1) of the Draft TK
Bill provides for KECOBO to be the “National Competent Authority” for implementation
of an eventual TK law, while Article 4(3) provides for the establishment
of the National Cultural Agency.
5. Findings: stakeholder perspectives
TK among the Maasai and Miji Kenda communities encompasses traditional
medicine and healing processes, rituals, traditional cultural expressions (beadwork,
music and designs), preservation of food, nutrition and diet, agriculture
and animal husbandry. Certain aspects of TK, such as the farming methods, preservation
of food, nutrition, diet, animal husbandry, art and design, are shared
freely within the community. Traditional medicine and healing are practised by
specific persons within the community. In the case of music, there were specific
composers and authors who were recognised and rewarded for their creativity.
Knowledge is, thus, limited to a specific family or person. These communities have
systems of customs and taboos that ensure the preservation of TK. This also helps
in the preservation of genetic resources.
The respondents from three government agencies – KECOBO, National
Museums of Kenya and KIPI – were of the considered opinion that TK deserves
to be protected but that at the same time it is important to ensure the TK is documented
and made accessible for appropriate uses.
Legal/policy framework and role of government
Some of the respondents were not aware of the notion of a TK commons.
However, they raised concerns about the use of their knowledge by third parties
to their detriment if that knowledge was made available without a proper legal or
policy framework. There was, at the same time, a general understanding that the
lack of documentation of TK left it open to misappropriation and exposed the
communities to the risk of possibly losing the knowledge upon the death of its
holders. This concern has been captured in the National TK Policy, among other
challenges. The Miji Kenda community members articulated a desire to preserve
and share their knowledge in an “open manner”, with the exception of their sacred
and secret TK (interviewees, 2011).
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