The Management of Patent Information in Kenya
Joshua Nyakundi and Dr. Nathan Mnjama
This article looks at the management of patent information at the Kenya Industrial Property Office (KIPO) registry. Questionnaires, interviews and personal observations were the main tools used to gather data for this study. The major findings are that patent records at KIPO are not well-managed and organized, and access to patent information is problematic. The identified creators of patent information were industrialists, small and medium enterprises, scientists, researchers and herbalists. The article discovered that the major users of patent information are patent examiners. Potential users of patent information were identified to include industrial enterprises, private inventors, research and development institutions, universities and government authorities. The study recommends that KIPO carry out a vigorous marketing strategy for promoting patent information. It also recommends the establishment of a selection committee to coordinate the selection process of library materials. Reformatting activities such as photocopying, microfilming and digitization are also recommended as possible ways of preserving patent records. Finally, training of records staff on good management practices and information communication technology skills is encouraged through in-house and external training.
Introduction
It is well understood that property is that which is owned by a person, whether natural or legal. Property is that which can be sold (assigned), leased (licensed, developed (exploited) or mortgaged and is usually enforced by law. Property is classified into two types, namely: tangible and intangible property. Intellectual property is so called because it arises from human intellect - it is a product of human creation, an idea that can only be protected upon expression (Phillips, 1986). However, intangible property, which constitutes intellectual property (IP), is not well understood in Africa and thus is highly unutilized. According to Moahi (2004) intellectual property rights are meant to reward, recognize and encourage innovation and creativity. They bestow upon the recipients the right to profit from their innovation and the right to contest against anyone who appropriates their rights.
According to Fink (2000), intellectual property rights (IPRs) form the basis for scientific and economic development because they offer an incentive to someone, either individuals or organizations, to invest time and knowledge in research activities. Investors are given the right to derive monopoly profits, which means that only they are allowed to exploit their invention during a certain period of time. As a consequence, this executive right has to be legally enforceable. Admittedly, the effect of IPRs depends on various economic variables such as the social value or the existence of substitutes. As Messner (1997) points out, knowledge is accessible very easily once information is published. This makes it basically a public good.
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) of 1994, provides for a worldwide uniform system for the protection of IPRs (WTO, 2001). Messner (1997:10) states that on 1 January 1996 this agreement came into force with the concession of transitional periods of five and ten years for developing and least–developed countries, respectively. TRIPs cover a number of different IPR instruments, which include: copyright and related rights; trademarks; geographical indications; industrial designs; and patents.
In order to enhance and promote the creation and utilization of patent information in Africa, the African Regional Industrial Property Organization (ARIPO) was established in Harare, Zimbabwe on 9 December 1976. The organization is responsible for the following: modernization, harmonization and development of industrial property laws of its member states; fostering the establishment of close relationships between the member states in matters relating to industrial property rights; establishment of common services or organs for the coordination, harmonization and development of industrial activities affecting its members; the promotion and evolution of a common view and approach to industrial matters; and assisting its members in the acquisition and development of technology relating to industrial property (ARIPO, 1994). The organization administers two treaties, namely, the Lusaka Agreement on the Creation of African Regional Industrial Property Organization since 9 December 1976 and the Harare Protocol on the Grant and Registration of Patent and Industrial Design within the framework of ARIPO since 24 October 1994 (ARIPO, 1994).