Africa’s utilization of intellectual property rights (IPR), including patents, trademarks, industrial designs, copyrights and other related rights, is significantly limited in comparison to other global regions. In 2020, Africa accounted for only 0.5% of the world’s patent applications, whereas Asia accounted for 66.6%, North America 19.3% and Europe 10.9%. Rights for intellectual property in Kenya in various creative fields are rapidly progressing. Currently, there is widespread acknowledgment at the governmental level that there is a need to establish mechanisms that promote the use of intellectual property rights. 

The Challenges of Intellectual Property Rights

As intellectual property systems adapt to the ever-changing global landscape, significant challenges and opportunities surface. The primary reason behind the limited patent protection among African residents is the exorbitant costs associated with processing patent applications. Registering a patent in Kenya, for instance, comes at a steeper price than in countries such as Canada, Japan or the United Kingdom (U.K.). The patent registration fees in Kenya are 13.3 times higher than their respective GDP per capita. The equivalent ratios for the United States (U.S.), Germany and Malaysia are merely 0.1, 0.3 and 0.4, respectively. These avoidable expenses pose a substantial barrier to patent registration and, consequently, hinder the progress of innovation.

Numerous patent offices in Africa suffer from inadequate resources, rendering them ill-equipped for their intended functions. The patent systems in many African nations lack essential quality control mechanisms required to guarantee that patent protection is granted only to inventions meeting the necessary criteria. According to a 2008 survey by the Kenya Institute for Public Policy Research and Analysis, 40% of patent applicants identified a significant challenge as their insufficient knowledge of intellectual property in Kenya. Furthermore, 66% of applicants cited another major hurdle as the shortage of intellectual property professionals.

The Importance of Enhancing Patenting in Kenya to Alleviate Poverty

Patents have traditionally served as a strategic tool to fuel economic growth and enhance competitiveness. In Kenya’s Vision 2030, the country aims to position itself as a global competitor and a knowledge-driven economy. The patent system is a crucial policy instrument with the potential to drive wealth creation, poverty reduction and job generation.

Kenya’s drive for global competitiveness can use patents to encourage innovation. This results in new technologies, products and processes that can create job opportunities in various industries. Patents also possess the capacity to stimulate markets, encourage competition, attract foreign direct investment and facilitate technology transfer. These can all contribute to poverty alleviation and economic advancement. Nevertheless, obstacles related to intellectual property in Kenya continue to impede this endeavor.

Securing intellectual property rights can contribute to the enhanced prosperity of small and medium enterprises. This increases income and employment growth by up to 20% when compared to counterparts lacking such protection. The overall unemployment rate in Kenya in 2021 stood at 5.74%. Safeguarding intellectual poverty can play a pivotal role in reducing the rate in the coming years.

Unregulated sales channels pose obstacles in creating and enforcing policies, which have devastating impacts on poverty. The prevalence of pirated and counterfeit goods in Kenya also constitutes a substantial barrier for U.S. businesses conducting operations in the nation. The illicit copying and distribution of a wide range of products in Kenya result in annual losses of more than $300 million for companies. In 2017, Frontier Economics, a private company, found that piracy and counterfeit goods put 5.4 million jobs at risk. This increases the rate of poverty worldwide and leads to harmful effects on the labor market. These annual losses are great contributors to poverty in the nation and emphasize the need for the enforcement of intellectual property laws. 

Advancing Intellectual Property in Kenya

Significant advancements have been achieved in elevating the importance of intellectual property within the political arena to alleviate poverty. With the adoption of Kenya’s 2010 Constitution, intellectual property now holds constitutional status. Kenya has enacted contemporary intellectual laws aligning with international standards, including the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). After the Constitution’s adoption, national poverty in Kenya fell to 36.1% in 2015.

The Kenya Industrial Property Institute (KIPI), founded in 2002 and established under the Industrial Property Act, currently operates under the Ministry of Industry, Investment and Trade. A primary focus of KIPI is to enhance public awareness and understanding of potential benefits from the effective utilization of IP rights among Kenyan citizens. 

With the support of the Ministry of Industrialization and Enterprise Development and KIPI’s Board of Directors, funding has been secured to organize training programs, exhibitions, conferences and workshops on intellectual property in collaboration with key stakeholders in Kenya. For example, KIPI actively assists Kenyan secondary schools in hosting annual student congresses on science and technology. Additionally, KIPI administers events to promote recognition of Kenya’s most accomplished creators and innovators. According to a 2015 survey, there was a notable 13.1% increase in Kenyan citizens’ awareness of intellectual property. 

The Intellectual Property Bill 2020 marks a significant step forward in advancing intellectual property (IP) in Kenya. The proposed legislation aims to merge three key IP agencies—the Kenya Copyright Board, the Anti-counterfeit Authority and the Kenya Industrial Property Institute. This consolidation aims to create a unified government entity, addressing the current lack of an accessible and comprehensive legal framework for intellectual property rights (IPR).

By combining these agencies, the bill seeks to simplify the legal landscape and enhance understanding of the various types of IPR protected under the Act. The expected outcome is a more straightforward and coherent system that will contribute to increased public awareness about intellectual property matters. This development aligns with efforts to streamline processes and promote the dissemination of information in the field of intellectual property.

Looking Ahead

In a world where innovation and knowledge matter most, strong intellectual property rights help Kenyan inventors, creators and entrepreneurs protect their ideas. This encourages innovation and entrepreneurship, attracts investments and leads to the growth of important industries. These growing industries create jobs, boost the economy and improve the living standards of Kenyan people.

– Susanna Andryan
Photo: Unsplash