Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 663306,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/663306/?format=api",
    "text_counter": 287,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "“The state shall protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities” Article 69(1) (e) states also that:- “The State shall protect genetic resources and biological diversity.” There is already an existing law called the Seeds and Plant Varieties Act which is Cap. 326 of the laws of Kenya. The principal Act talks about protection of seeds and plant varieties as intellectual property. The Article that I have read in the Constitution requires that we align the already existing law with the new Constitution by ensuring that the State takes measures to protect genetic material, biological diversity and the intellectual property rights associated with seeds and plant varieties. Mr. Temporary Speaker, Sir, allow me to state three points to show why we need this Bill. There is intellectual property much of which is held in traditional knowledge regarding seeds and plant materials. I gave examples here the other day. Farmers all over the world, especially in traditional communities including in our country, have always known the right seeds to plant depending on the rainy season. Some of this information is held by communities but is not protected in law. Sometimes, a farmer in Busia or Kathonzweni will tell you the way a particular season appears; for example, if the rains will be shorter than the normal rains and if a particular type of seed is the right one to plant. When it comes to plant varieties, traditional medicinal people in many of our communities have a lot of knowledge which is not protected by law; it is stolen. We know that there is a lot of wealth associated with plant and plant material, what in other words the Constitution is calling biological diversity. I already spoke about plant material when I was moving another Bill earlier this week. Plant material is the basis upon which the pharmaceutical industry is built. The empire called the pharmaceutical is actually plant material. In our country, especially among the traditional communities, the knowledge they have about the pharmaceutical or herbal values of plants is not protected by law. We need to protect it even if we do not have the capacity. There must be some appreciation that companies that extract these materials and use it for commercial purposes compensate our country and the communities where this knowledge is held. What does this Bill do? It amends the Principle Act, first and foremost to bring a few more definitions but more importantly, it creates what is referred to as a Plant Genetic Resources Centre for Food and Agriculture. Secondly, other than the centre, it establishes a Committee to be known as the Plant Genetic Resources Committee for Food and Agriculture. Thirdly, it establishes a centre to be known as the centre. I am sorry those are the two. It is the Centre and the Committee. Then it goes to say that the governance of the centre will be through a director who will be appointed through the Plant Genetic Resource Advisory Committee. So, there are three institutions which are being established here to give effect to the seeds and plants varieties act. The first institution is the Centre which is the Plant Genetic Resources Centre for Food and Agriculture. The second institution is the Committee which is the Plant Genetic Resources Committee for Food and Agriculture. The third institution is the Plant Genetic Resources Advisory Committee which will govern the operations of the Centre. 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"
}