Category: Intellectual Property

Kenya’s Lake Bogoria and the Global Biotech Industry

Unep’s news desk recently reported that Kenya’s Lake Bogoria contains an unusual array of microbes and micro organisms from which enzymes have been produced for use in antibiotics and cleaning products. The, tiny organisms like those found in Bogoria are the basis of the multi-million dollar global biotech industry.

The Nagoya Protocol on access and benefit sharing, addresses “biopiracy” of genetic resources; that is, their biotechnological utilization in violation of either the provider country legislation or mutually agreed contractual obligations. Biopiracy is defined as a problem resulting from a distributive conflict between provider and user countries, the practical difficulties of monitoring the utilization of genetic resources in a transnational context, and the pervasive scientific uncertainty about the nature and extent of the problem. Kenya has ratified the Protocol.

The local people therefore stand to benefit from this discovery. The Endorois people, have lived beside, and been custodians of the lake for centuries. The lake has deep spiritual and cultural significance for them. “Microbes or micro-organisms are natural capital,” says UN Environment ecosystems expert Levis Kavagi.

It will be interesting to see how benefits derived from the harvesting and use of the microbes and micro organisms will be shared between the researchers and the local communities. Kenya is yet to pass laws at national level that will help in the implementation of the provisions of the Nagoya Protocol. this is turn puts the local communities in a precarious position.

In the past, a British University harvested some micro-organisms from the lake, and in 1995 sold them to companies in the Netherlands and the United States. Those companies were later sued by the Kenyan government for not sharing the financial benefits of their subsequent innovations with Kenya. this was before the Nagoya Protocol had been put in place.

UN Environment and partners are working with the Endorois and other communities to ensure they receive their fair share of any resources from the lakes. They also want people to look after the ecosystems.

 

Intellectual Property Training in Nairobi

iHub has teamed with uWakili to provide specific pro bono legal services to startups. uWakili is an online legal services platform that provides Kenyan businesses and individuals with easy-to-use and cost-effective online legal services.

The next training will be on Intellectual Property. The training will be facilitated by Lillian Makanga, a research fellow and legal advisor at the Centre for Intellectual Property and Information Technology Law (CIPIT).

The training will cover the following topics in Intellectual Property

  • TradeMarks
  • Copyright
  • Process & Costs

When: Wednesday, November 9th, 2017 from 5.00 PM to 7.00 PM
Where: iHub – Ngong Road, Nairobi
Register HERE to attend the training

Kindle release: ‘The Nagoya Protocol: Its impact on access & benefit sharing, patent applications and the utilisation of genetic resources’.

Following the success of the paperback edition of ‘The Nagoya Protocol: Its impact on access & benefit sharing, patent applications and the utilisation of genetic resources’, this concise work is now available in its Kindle edition.

 

Patent application number: 20160109707

No aficionado of patent drawings should miss out on ‘Combining At Least One Variable Focus Element With A Plurality Of Stacked Waveguides For Augmented Or Virtual Reality Display‘ to Magic Leap, Inc.

… he “sees” a robot statue (1110) standing upon the real-world platform (1120), and a cartoon-like avatar character (2) flying by which seems to be a personification of a bumble bee, even though these elements (2, 1110) do not exist in the real world.

20160109707_01a

Perhaps the ‘personification of a bumble bee’ is just a flight of the imagination.

Adapting to Climate Change in Africa through Plant Genetic Diversity

Interdisciplinary teams from Benin, Burkina Faso, Côte d’Ivoire, Democratic Republic of the Congo, Ethiopia, Kenya, Madagascar, Mali, Malawi, Senegal and Uganda met in Addis Ababa, Ethiopia, to implement seed sharing and use for climate change adaptation, food security and poverty alleviation.

The teams discussed ways to work together to implement two international agreements; the International Treaty on Plant Genetic Resources for Food and Agriculture (Plant Treaty) and the Nagoya Protocol; to conserve and exchange plant genetic resources with each other and with the rest of the world, and share related benefits.

Alternative varieties or replacement crops that can grow in the changing climatic conditions are a necessity for African farmers, as  the International Panel on Climate Change predicts that agricultural production is set to decline, with yields of major crops in Africa declining by up to 8% .

Mahlet Teshome, Biosafety Expert – Environmental Law, African Union Commission said:

“Africa is blessed with an abundance and variety of genetic resources. The manner in which these genetic resources are used to meet the challenges of the region such as climate change adaptation, food security and poverty alleviation is key. The AU Guidelines cover the range of benefits that may be derived from genetic resources, including plant genetic resources, and proposes access procedures that ensure benefits are shared between providers and users of genetic resources and associated traditional knowledge. The guidelines and the provisions for Africa are perfectly in sync with the AU’s Agenda 2063 which aspires to a prosperous continent with the means and resources to drive its own development.”

While Andreas Drews,  an expert in ABS Capacity Development Initiative said:”It is really important for African countries to think through how to bring access and benefit-sharing (ABS) into the national implementation processes in a coherent way. Since the beginnings of agriculture farmers and local communities have exchanged their seeds to improve and diversify crops they grow to adapt to changing conditions. These days, we are all faced with new environmental challenges, such as increased flooding, heat and drought – and that is why everyone needs crop diversity: to be able to maintain food security for everyone.”