Intellectual property rights regimes (acquisition and ownership) in public research institutions in Kenya: a case study of Kari, Kemri and Kirdi

Abstract

Intellectual property (JP) was, until recently, the concern for specialists and producers of intellectual property rights (IPR). However, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) concluded after the Uruguay Round negotiations signaled a major shift in this regard. The incorporation of IPR into the multilateral trading system and their relationship with several key public policy issues has elicited debates and concern over their role in socio economic development, Developing country members of the World Trade Organization (WTO) no longer have the policy options and flexibilities developed countries had in using IPRs to support their national development, In an effort to determine TRIPS significance, adoption and suitability in Kenya, this study examined the implementation of IPR policies at selected public research institutions for agriculture, health, and industry, namely Kenya Agricultural Research Institute (KARl), Kenya Medical Research Institute (KEMRl), and Kenya Industrial Research and Development Institute (KIRDJ) respectively. It highlights their technological inventions and innovations, IPR applications/status and subsequent socio-economic contributions and benefits. KARl, KEMRI and KIRDI were purposely selected for survey as the primary targets of the study due to their importance in the social and economic development of the country, and the combined investment by the Government and donors in support of their activities. Data on inventions/innovations, IP applications, institutional capacity and benefits were sourced from library research and interviews with key informants including officials at the selected and other related institutions. The study adopted a qualitative analysis technique to arrive at the thesis, using the theoretical perspective of entrepreneurial development championed by Schumpeter. The theory specifies the role of policy on technological innovations, protection, trade and economic development, and propounds the influence of innovation on economic development through entrepreneurial initiatives to pursue profits through protected technological innovations to ensure returns on investment. The findings indicate that there is some effort at adopting and implementing IP protection in all the three institutions with mild success in both KARl and KEMRI, but low implementation at KIRDI. With the exception of KEMRI that has developed and institutionalized an IPR policy though not adequately utilized, IP policies are yet to be adopted at these institutions leading to continued loss of benefits that could have accrued. The study notes that these institutions lack funds for R&D and IP related matters and that most R&D is done in collaboration with external partners that more often than not dictate the course of the research and the adoption and utilization of accruing IP. An important observation was the bottom heavy human resource structure at the three institutions, directing the scarce R&D resources to recurrent expenditure. Societal and economic benefits were observed resulting from the inventions and innovations undertaken at the institutions, with those with the potential for protection indicating remarkable benefits. The study concludes that higher investment levels and adequate institutional capacity influence R&D, innovation, benefits and IP protection in Kenya, noting from the findings that, under the TRIPS agreement, technological inventions and IP protection are more promising where institutional capacity and collaboration is well developed. Furthermore, taking cognizance of the fact that most innovations in vital sectors of Kenya's economy are undertaken by public sector research institutions mandated and funded by government, thus best suited to develop technologies tailored for Kenya's socio economic needs, the study calls on government to put in place appropriate and suitable policies to promote R&D and IPRs.