Incorporate intellectual rights in manifestos

NASA Presidential Candidate Raila Odinga and President Uhuru Kenyatta (Photo: Courtesy)

The election season is with us again. As such, it is a good time as any to share my political wish list with the two major coalitions. The silent treatment the sector received from the two major coalitions’ manifestos was a big surprise, given that Kenya has for several decades been claiming to have the ambition of attaining high economic growth driven by intellectual capital (knowledge economy).

The long-term development plan for Kenya, Vision 2030, is about building an industrialised middle income economy by the end of the planned period. It has been mentioned many times that this growth shall be driven by the knowledge economy.

To claim a knowledge economy, the country must invest more in industries that rely less or not at all on commodities and minerals. In a survey conducted by World Intellectual Property Organisation (WIPO) in 2009, it was established that Copyright industries in Kenya alone contributed 6 percent to the GDP and employed over 200,000 people.

The contribution of Copyright and related sectors needs to go up for Kenya to claim Knowledge economy status. Article 11(2) of the Constitution requires the State to promote intellectual property rights of the people of Kenya.

This is further reiterated by Article 40(5) which obliges the state to support, promote and protect the intellectual property rights of the people of Kenya. Intellectual property that allows the exploitation of the rich talents and rich research output offers Kenya an opportunity to quickly achieve its developmental objectives.

Support structures 

For any sector to grow, it must be founded on deliberate policy, strong support structures and funding. However, to date, the country does not have an intellectual property policy to enable it change its prospects. It is fortunate that at the moment there is a draft that can be fast tracked and adopted within the shortest time possible.

The policy should place Intellectual Property at the mainstream of the National Development Plan if all the investments in National Research are to result in indigenous technologies. The policy will determine the future funding and management of all institutions working within the sector once and for all.

The development of a knowledge economy requires structures to support the development of talents and high quality research. The three Intellectual Property offices of Kenya are based in Nairobi with Kenya Plant Health Inspectorate Services (KEPHIS) having the widest geographical presence.

Although strides have been made in enabling Kenyan citizens access the Kenya Copyright Board (KECOBO) and Kenya Industrial Property Institute (KIPI) services through technology, Kenyans in the regions/counties deserve to have IP offices closer to them so that they can harness the results of their research and development especially now that universities have a presence in nearly every county. This requires substantial and consistent financial investment for that to be achieved.

On copyright specifically, there is need to build the capacity of the sector to develop intellectual assets from the young talents of the country into a formidable industry through the process of creating a cadre of managers to support artists and enable them make sustainable incomes consistently.

Having such practitioners at every county and constituency will make a great difference especially now that the program of Studio Mashinani is fully operational. Additionally, the full application of tax incentives (waiver) for materials and equipment used by artists from all backgrounds can kick start the sector as well.

VAT

Similarly, the introduction of the Value Added Tax (VAT) on Books has contributed to the poor pupil to book ratio and the increasing piracy of set books as parents try to balance competing interests from their limited income. A review of the likely impact of the tax is long overdue. The issue of VAT for publishing represents an existential threat to local publishing in the medium term in the light of lean economic season.

The Protection of Traditional Knowledge and Cultural Expressions Act, 2016 was enacted with the aim of securing the heritage and cultural manifestations of Kenyans as per Article 11 of the Constitution of Kenya, 2010. However, the Legislation remains in limbo since the National assembly did not provide for the administrator of the Legislation.

In order to operationalise the Act, the National Assembly ought to re-look it and offer the Act a home at a state department/agency that can best execute it. In an environment rife with bio piracy and theft of Intellectual heritage, this is a very urgent matter.

Kenya deserves its place as a regional leader in technology and art but to maintain this position requires financial investment and good policies.

In short, this article seeks to demonstrate that while a lot has been done in the last five years, there is need for a comprehensive plan for Kenya’s art and research sector backed by strong well-funded institutions that can drive the economy in a few years if Kenya is to remain a competitive economy.

Mr Sigei is Executive Director, Kenya Copyright Board