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"id": 661039,
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"content": ". Traditional intellectual property has not been recognised yet we know there has been a lot of traditional knowledge. This is what this Bill is about. There has been a lot of traditional wealth in this country owned by individuals and communities but it has been misused and sometimes stolen. This is because the current legal framework does not recognise and protect that knowledge and cultural expression. I will give a few examples. Some 20 or so years ago, some crafty business people went and registered a patent of a product of this country called the Kiondo . They used a very small loophole in the law of patent. For you to register a patent, there is a rule called first registration rule that applies. The first person to patent an idea or invention is protected. Therefore, since our women in this country have been weaving Kiondos, but have never registered that patent, the first person to do it carries the day. Of course, there is a caveat. There is a proviso in that rule. If you can show that the registration was obtained by fraud or misrepresentation, you can challenge it. I heard the former Minister for Trade, Dr. Mukhisa Kituyi, say that he was considering Kenya challenging that matter - that registration of Kiondo - in the Tribunal which is established under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement; the WTO agreement on trade related aspects of intellectual property rights in Geneva. However, I do not know how far that matter went. That is an example of traditional knowledge that could have given a lot of weight. The trade implications, for example, of patenting that product as a product of Kenya would have been great. Every time a Kiondo is bought whether in South Africa, Mexico, Turkey or whichever country, it would have been an export to this country and, therefore, could have earned foreign exchange for our country. However, as we stand, that product is a product of Korea. Mr. Temporary Speaker, Sir, another example is traditional medicine. For a long many communities in this country, including the community where the Senator for Makueni comes from, have many people who are doctors. Of course, because of brain washing and other things, some of these people have been given the wrong names, for instance, witchdoctors. However, even in the context of that convoluted understanding of traditional medicine, I am told by those who know, like Sen. Mutula Kilonzo Jnr. that there is a difference between a traditional healer and a witchdoctor. A witchdoctor combines medical knowledge, spirituality and maybe witchcraft. A traditional doctor simply applies traditional knowledge to cure diseases. I will give an example. Many of us who were born 40 years ago and above will understand that in our tradition, every adult male or female is a doctor. When one gets sick, shivers, vomits or shows signs of malaria, a parent would recommend to you the herbs that you would take and get healed without going to hospital. I am sure that even among the community where the Speaker comes from there are people who take herbs and are cured. There is no witchcraft involved. They dig up some roots or take the bark of a tree, boil it and there is no magic or witchcraft involved. It is pure traditional knowledge. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate"
}