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

Innovation & Intellectual Property
Health Inspectorate. The lack of collaboration creates impediments to the documentation
and preservation of TK. There is also some unwillingness on the part of
ILCs to share sacred or secret TK, especially as it relates to medicine and healing
practices. Custodians are, understandably, not willing to share sacred knowledge
with third parties, so this knowledge can only be conveyed through the traditional
community systems. Some steps have been taken to try to address these challenges,
including the digitisation of culture project among the Maasai community,
and partnerships through community-based organisations, such as the MDCA,
with government departments. Such initiatives potentially contribute to the formalisation
of TK commons modalities within the communities.
The National TK Policy of 2009 takes cognisance of several challenges, such
as: lack of recognition and lack of mainstreaming of TK systems in national policies
and decision-making processes; lack of a TK database; inadequate capacity;
and lack of TK linkage with IP, creativity and innovation. The main objective of
the Policy is “to enhance and coordinate the application of traditional knowledge,
innovations and practices in sustainable use of genetic resources and sustainable
development in Kenya” (National TK Policy, 2009). This would include, among
other things, the provision of the necessary legal and institutional framework for
the documentation and application of TK, and fostering the use and dissemination
of TK while ensuring that the ILCs benefit and enhance partnerships in the access
and utilisation of TK innovations and practices (interviewees, 2011). Respondents
from KECOBO, National Museums of Kenya and KIPI noted that the lack of
implementation of this Policy to date has presented a challenge to the creation
of TK commons structures. There is a need for a definite legal and administrative
framework that will enable the achievement of the objectives of the Policy.
Use of information and communication technology (ICT)
With the advent of digital technology and the proliferation of the internet, works
are reduced to digital format and can be reproduced, accessed and disseminated
with relative ease across networks. An online licensing system could work well
by affording a large degree of transparency. TK could be digitised and stored in
an electronic database that has controlled or limited access. A good example is
the TKDL in India. It provides information to specific patent offices and is also a
tool for defensive protection of TK. The TKDL can also be used for research and
development.
The Maasai interviewed for this study stated that there was a need to establish
communication channels with relevant government departments and agencies,
as well as research institutions and universities, to forge collaborative partnerships.
Their TK is currently being preserved through the oral tradition, but there
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