Protection of Geographical Indications in Kenya

Abstract

This research is inspired by the pivotal role that protection of geographical indications has on specific products all over the world. The study aims to explicate all the possible legal avenues that are available to protect geographical indications in Kenya and unearth the best most effective route taking into account the existing protection systems in Kenya. This study employed both the qualitative and quantitative methods to collect data including the use of questionnaires. Due to the investigative and collective case study relating to examination of international, regional and national legal instruments, various treatises and studies were consulted. Various case studies looking at best practices in the European Union, the USA, China and African states and their protection regimes were comparatively studied. The rationale was that they have had a big market share and successful systems in protecting GIs. Questionnaires were administered mainly to consumers to substantiate the hypothesis that consumers are willing to pay more for speciality goods and were aware of linking products to their geographical areas. 79.9% of the respondents in this study were willing to pay more for the goods. From the findings of the research 94.1% of the respondents preferred products based on their unique quality or other characteristics. 64.7% of the respondents were not aware of and could not define the term geographical indications. 55.9% of the respondents recommended a separate system of protection and adoption of specific labels. The desk research coupled with the technical experts responses in part A and B narrowed down to a sui generis GIs system as the most preferred and effective system of protecting GIs. On the strength of the findings of this study various recommendations have been explored and future research areas are suggested. It is envisaged that the recommendations in the long run will remedy the exportation of raw products that deny the producers getting premium prices for the sweat of their brow.