Challenges of Implementing Intellectual Property Protection for Entrepreneurial Innovations Among Selected Agencies in Kenya

Abstract

The world economy is in turmoil with great disruptions from the norm. This requires a drastic change in promoting rule of law reforms that foster entrepreneurship and business development for sustainable social-economic growth and prosperity. It is in this view that the research was undertaken with the key objective to interrogate and establish the challenges and counter measures of implementing Intellectual Property Protection (IPP) for entrepreneurial innovations in Kenya. Studies have been undertaken concentrating on the IPP components and management practices with focus on individual organizations in developed countries and not on the challenges. A multi-case research is undertaken by use of interview guides for primary data collection among the following IPP agencies in Kenya; Kenya Industrial Property Institute (KIPI), Kenya Copyright Board (KECOBO) and Performers Rights Society (PRISK). Content analysis was used to analyse the research findings which identified and categorised the challenges as administrative or institutional, referring to lack of specialized personnel, lack of country-wide accessibility/presence with minimum offices and general infrastructure. Lack of finances to facilitate officers’ logistics in knowledge dissemination is a great challenge. Legal challenges also exist prominently due to lack of a specialized judicial system and legal infrastructure to enhance IPP enforcement. Above all is the scanty knowledge by the rights holders as well as users with our education system not promoting a sustainable knowledge dissemination among generations.This has been coupled with changes that have been magnified by internet and world wide web. However, KIPI, KECOBO & PRISK have a proposal to undertake a multi-agency approach with each complementing the other on areas of competencies to cost efficiently and effectively manage IPP. A rigorous digitization process is being undertaken by all the 3 agencies to enable a sustainable accurate and accessibility of IP knowledge fostering generational dissemination. Legal system reforms are underway to create specialized courts and judicial system. Strategic partnerships with different public and private institutions is one of the ways these 3 agencies are using to create a link between business and academics in sharing research findings. Conclusively the IPP agencies in Kenya lack capacity to discharge their mandates. This is evident from the research findings. The agencies cannot match the implementation standards of other World Intellectual Property (WIPO) member states to compete effectively for space in the world economy. The government of Kenya, IPP Practitioners and IPP rights owners will use the the research findings to form pragmatic policies and further refine the IPP framework.This will enhance clear mandates to these agencies. The realisation of extant bottlenecks in the implementation will facilitate review of extant policies on innovation and intellectual property protection. The IP industry is big, the research having been undertaken in three agencies is not a wholesome representation of the industry, thus a call for further all-inclusive longitudinal research to be conducted.