One common gauge of innovation around the world is patent or intellectual property (IP) filing. A news report in the East African Standard this week has a somber message for Kenyans that admonishes academics, companies and institutions for the low number of patents filed. According to the World Intellectual Property Organization, Kenya filed 71 patents in 2006 of which 24 were granted - 14 of these granted patents were filed by foreign persons/organizations in Kenya (That's over 50%!!!)
Even Kenyaentrepreneur makes mention of the low level of innovation in Kenya as noted from the impact of recent lower remittances on the Kenya economy. Remittances matter because current productivity is low and productivity is a direct function of innovation!
So why aren't there more IP filings in Kenya (both by Kenyans and others)? I don't believe there is a dearth of innovation for necessity is the mother of all invention - and there is A LOT OF NECESSITY in Kenya. Just look at the recently concluded student engineering exhibition or the annual Kenya High School's Science Congress. And how about this presentation by White African on technology developed by some very enterprising Kenyans!
But what keeps Kenyans from patenting their ideas so as to sell these ideas? I can think of 4 questions:
- Is it a question of entrepreneurial perspective i.e. wananchi (people) do innovate but fail to commercialize and take full advantage of their ideas.
- Is it a question of cost?
- Does patent filing really matter in Kenya i.e. do people know if and when they need to patent an idea?
- Is there any real IP protection in Kenya? Does the law have impetus or teeth to deal with such disputes?
Perhaps KIPI need to take the patent talk show on the road. There may be many who have fleeting understanding of patenting and need guidance but don't have time to fully research the issue. Or maybe patent lawyers could sponsor regional workshops on IP law - it could only bring them business ... right ?
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