Counties can boost earnings by labelling their unique products

A few years back, there was a public outcry about scandals involving alleged theft of key Kenyan brands like the kiondo and kikoi by foreign companies.

While most people may not have understood the details of the cases, one thing that comes out is that we need to manage our national brands well and commercialise them.

The Maasai “shuka” is constantly used by foreign fashion designers and was the main theme in one foreign fashion show. It is possible there was no compensation for owners. This problem affects the entire Africa.

The “Ankara” fabric from Ghana is often used in fashion shows. While I am not aware if Ghana has taken steps to secure intellectual property rights for its traditional fabric, it is clear that the African continent needs to step up to protect its rich heritage, including traditional artifacts.

Kenya is well known for the quality of some of its agricultural products, including tea and coffee. Early January, I was happy to see an advert by a State corporation announcing that it had secured a geographical indication (GI) over the mark known as ‘Coffee Kenya’.

What’s more, the agency submitted rules governing application of the mark to the global organisation WIPO, meaning the use the mark required authorisation.

A GI is a type of intellectual property right that is used to indicate the geographical origin of a good or service where a given quality or repute is accorded due to the geographical environment.

Word is out there that Kenyan coffee and tea is quality such that they sell at a higher price in the global market.

There is Bill on GIs but currently, the Trademarks Act provides limited protection through its provisions on certification and collective marks. There is a need for a proper GI law that will streamline well known Kenyan brands like carvings.

A GI has many economic benefits, including giving businesses a chance to compete globally. Research has shown that consumers readily appreciate products that have a GI; they sell at a premium.

The buck, therefore, stops with State corporations and authorities under whose docket well known Kenyan brands fall. These include sculptures made from Kisii soapstone.

The same concept can be applied by county governments. A GI is not necessarily a national one. Therefore, county governments under which well-known brands fall can apply for GI on behalf of the local producers.

The Bill recommends that a GI filing can be originated by a natural person, a legal entity or a group. Therefore, community associations can also file for such identification once the law is passed, so long as it is tied to a particular geographical area.

Securing rights

A GI gives the users a competitive advantage in the market as only producers can use the mark. A county government can establish a competitive advantage for its producers by getting a GI.

Currently, this is done through the Trademarks Act. The proposed law makes it a criminal offence for other producers to use the GI mark if they are not from the named territory, thus securing the rights.

Mputhia is the founder of CM Advocates. [email protected]. Twitter:- @cm_advocates