By Anne Warigia Mburu
Light, affordable and multi- functional, that is the Kikoi for you. It is perfect for the beach, picnics and a great source of warmth for those breezy evenings during camp or social gatherings. It is for these reasons that many would consider the Kikoi to be an example of a perfect souvenir.
The Kikoi case
The Kikoi can be traced back to the East African coast and was mainly worn by men. Today many people use the Kikoi fabric to make hats, bags, shorts, shirts and as household décor. However, what most people may not know is that on 29 August 2006, Kikoy Company UK filed an application to register “Kikoy” as its trademark. They had simply replaced the ‘i’ in Kikoi with a ‘y’. This application was brought to the Kenya Industrial Property Institute’s (KIPI) attention by the Co- operation for fair trade in Africa (COFTA) after they got wind of the attempt by Kikoy UK ltd to trademark the word Kikoy”. COFTA’s argument was that even though the word was spelt differently, the pronunciation was still the same. They were of the view that Kikoi was a common name and could therefore not be owned by a single entity.
The attempt by Kikoy UK Limited to gain monopoly over the rights to the production, distribution and sale of the Kikoi fabric was stopped by Traidcraft Exchange and Waston Burton lawfirm which filed an opposition to the registration on behalf of the Kenyan Government through the Kenya Industrial Property Institute (KIPI).
What trademarking of the Kikoi would have meant for Kenyans
Essentially, trademarks guarantee the owner the exclusive right of use and economic benefits of the trademark once it is registered. Had the company succeeded, the implication would have been that Kenyan Kikoi products could not be exported to the 30 European countries in which the trademark would have been registered without the permission of Kikoy UK limited. This would have led to economic losses especially for the Kenyan based vendors who export and sell Kikoi products for a living.
Another factor to consider would be the fact that a piece of our heritage would have been possessed and exploited by a foreign entity. This would have added to the already growing list of intellectual property that Kenya has lost to other countries. Examples include the kiondowhich was patented by the Japanese and the extremophile enzyme from Lake Baringo, patented by an American company and is used to develop bleach for stonewashing denim. There are more cases of expropriation of Kenyan intellectual property by International companies and manufacturing industries.
Why the Kikoi case is still relevant today
The Kikoi case happened more than a decade ago and prior to the 2010 Constitution which calls for the protection of intellectual property and traditional knowledge and is further supplemented by legislation (The protection of Traditional Knowledge and Cultural Expressions Act,2016), so why then should we still talk about it in intellectual property forums? The answer is quite simple, people are still unaware of the need to protect their intellectual property. It serves as a good example of what could happen should we fail to protect our innovations and designs. Imagine a situation where you cannot reap the fruits of your hard work, how would you feel?
We live in an age where technological innovations and ideas are encouraged and supported. For example, children as young as ten years old as well as high school and university students often participate in science, art and technovation competitions. What steps are being taken to ensure that their designs, ideas and artistic works are protected?
Prevention is better than cure
Indeed, the Kikoi case served as a wake up call on the need to protect Kenya’s intellectual property rights, but more still needs to be done with regards to reminding people on the importance of protecting their intellectual property and the negative impact of failing to do so.
Intellectual Property clubs and interactive forums should be encouraged in schools and projects such as visiting various jua kali industries and market places i.e. Maasai market to literally reach out to the artisans should also be organised by various organisations affiliated with intellectual property. KIPI could also incentivise the artisans to patent or trademark their artistic works and designs by waiving or lowering the application fees. It is much cheaper and less time consuming to protect one’s intellectual property as opposed to fighting it out in court. What do you think?
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