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

Innovation & Intellectual Property
only covers what is related to conventional IP. In some cases, the IP regime may
limit the creation of commons modalities, as it provides exclusive rights to the
exclusion of all others for a certain period of time. There is need for a legal framework
that provides for the protection of TK as well as providing for access, i.e. a
TK law aligned with the National TK Policy. (The aforementioned Draft TK Bill,
published in May 2013 and under review at time of writing, will presumably lead
to a law that addresses this need for a dedicated legal framework for TK.)
Communities face social and economic challenges that will affect the creation
of a TK commons, increasing the need for government involvement. However,
there is a clear gap between the policy-makers at the government level and the
ILCs in Kenya. Collaboration between the policy-makers, users and TK custodians
is required to facilitate discussions on policy issues.
The focus group and interview findings also clearly demonstrated a need for
training and capacity building, including creating awareness among government,
universities and research institutions, about the role of TK in (open) development.
The creation of an electronic database of TK could further capacity building,
and requires the support of government institutions such as KECOBO, National
Museums of Kenya and KIPI – as well as the ILCs who are custodians of the TK.
Collaborative creativity and open innovation require access to TK. Technology
is crucial for the creation of databases such as a TK digital library, which would
provide access but remain within the control of the ILCs. This would also address
the issue of preserving TK, which is at risk of being lost with diminishing intergenerational
cultural knowledge transfer practices. Commons modalities involve
the evolution of knowledge in service to both the original community and other
communities. The creation of a TK commons in Kenya would encourage the sharing
of information that could be utilised better for purposes of open development.
There is a need to provide for the implementation of the National TK Policy
to ensure that it facilitates the creation of the TK commons modalities that can
encourage innovation and collaborative creativity for development. The Draft
TK Bill currently has provisions that provide for an institutional framework for
TK management, with KECOBO (as the National Competent Authority in terms
of the Draft Bill) expected not only to ensure the protection of TK but also to
create a TK framework (which could potentially be favourable for establishment
of a TK commons) through the creation of a database (which the Draft
Bill describes as “a record of traditional owners and/or knowledge and traditional
cultural expressions” (Draft TK Bill, 2013). Concerted and/or collaborative
policy efforts on a TK commons should be pursued with the twin objectives
of perpetuating TK and enhancing its value in a mutually beneficial manner for
creativity and open development. The National TK Policy and Draft TK Bill
take into account the preservation and protection of TK, and the facilitation of
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