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

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Reflections on Open Scholarship Modalities and the Copyright Environment hand. Reforms are needed to help ensure that copyright practices benefit authors and users under both the traditional and open, alternative scholarship and publishing models. The Copyright Act thus needs to be fundamentally reviewed (Ouma and Sihanya, 2010; Sihanya, 2009b, 2010). Some of the relevant proposals have been made to KECOBO and the State Law Office. These include clarifying owner’s rights; and recognising limitations and exceptions to enhance access through Braille, audio or digital texts (Sihanya, 2013b). A national copyright policy should be developed to underpin the reform of the Act. Second, there is a need to strengthen copyright administration and procedures. The operative regulations and administrative procedures should be reviewed to facilitate authors’ and scholars’ enjoyment of their rights (and compliance with their obligations) as well as users’ enjoyment of their rights (and compliance with their obligations). The following specific recommendations emerge, all with policy implications requiring appropriate intervention in order to promote copyright’s progressive role in open scholarship and alternative publishing in Kenya: 1. Strengthen Kenya’s architecture on copyright policy and administration regarding naming of authors, their recognition and their acknowledgement with regard to every work. There is a need to develop national and institutional policies on copyright, including on the character as well as on the limitations and exceptions on moral rights. These will guide the implementation and administration of the law, especially in the context of education, training, research and scholarship. 2. Ensure rewards for authors in Kenya for the use of their works in digital format, including through the internet, in ODEL and in open scholarship. The possible rewards include recognition, prizes, royalties, subsidies and related incentives. 3. Train authors and scholars in Kenya on the individual and social benefits of open scholarship. 4. Educate members of the public on copyright and related IP issues. 5. Create better mechanisms for the regulation of copyright and related issues. There is a need to strengthen the copyright licensing regime, as well as judicial and quasi-judicial mechanisms like the Copyright Tribunal (the “Competent Authority”). 6. The penalty for infringing copyright laws should be revised and made more appropriate. The penalty is quite light and offenders will keep on infringing and paying whatever fine they are charged. In 225
Innovation & Intellectual Property addition, the Copyright Act and related laws should also be amended to facilitate incentives and systems that secure compliance. The possible incentives include financial and other rewards for those who comply with copyright, as well as “naming and shaming”, or financial penalties, for those who do not comply. 7. Ensure financial and non-financial incentives to authors and scholars in order to increase the quality and volume of materials that can be made accessible via traditional and open scholarship in Kenya. Bibliography Primary sources International instruments Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1994). Berne Convention on Literary and Artistic Works (1886). Universal Copyright Convention (UCC) (1952). WIPO Copyright Treaty (WCT) (1996). WIPO Performances and Phonograms Treaty (WPPT) (1996). Kenyan laws, regulations Anti-Corruption and Economic Crimes Act of 2003. Constitution of Kenya of 2010. Copyright Act 12 of 2001. Kenya National Library Service Board Act (Cap. 225). McMillan Memorial Library Act (Cap. 217). Official Secrets Act (Cap. 187). Penal Code (Cap. 63). Public Archives and Documentation Service Act (Cap. 19). Public Officer Ethics Act of 2003. Records Disposal Act (Cap. 14). Science and Technology Act (Cap. 250). Kenyan policies Kenya Vision 2030: A Globally Competitive and Prosperous Kenya (2007), Ministry of Planning and National Development and the National Economic and Social Council (NESC), Government of Kenya, Nairobi (GOK, 2007). 226
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Contents Preface ..................
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Preface This book is among the key
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Preface mandated Train for Trade pr
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About the Contributors Dr Perihan A
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Chapter 2 Frameworks for Analysing
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Geographical Indication (GI) options for Ethiopian Coffee and Ghanaian Cocoa

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