Celebrating 25 Years of Scoop
Special: Up To 25% Off Scoop Pro Learn More

Search

 

Cablegate: Additional Kenyan Response to Wto Geographical

This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 02 NAIROBI 004343

SIPDIS

DEPT FOR EB/TPP/MTA, AF/E, AF/EPS, AND AF/PD
DEPT PASS USTR
USAID FOR AFR/EA

E.O. 12958: N/A
TAGS: ECON ETRD EAGR KIPR KE WTO
SUBJECT: ADDITIONAL KENYAN RESPONSE TO WTO GEOGRAPHICAL
INDICATIONS DEBATE

REF: (A) NAIROBI 03813 (B) STATE 165908

1. On October 17, Post received a more detailed response on
Kenya's position on the WTO debate on Geographical
Indications (GIs) from David Nalo, Permanent Secretary at
the Ministry of Trade and Industry. Kenya's position paper
was drafted by the Kenya Industrial Property Institute
(KIPI); text in para 2. In short, the current GOK position
is that an extension of GIs should benefit Kenyan producers
and not create trade distortions. Kenya also believes that
GIs can be effectively managed as an Intellectual Property
Rights Issue.

2. Begin Text: "Kenya Industrial Property Institute (KIPI)
WTO Technical Level Consultation on GIs Extension, 20
September 2005 - Brief Response to USA Concerns of September
14, 2005."

(1) Solidarity Support
------------------

Kenya is a founder member of the Group of Friends of
Geographical Indications (Friend of GIs). The Friends of
GIs advocate for extension of the provisions of Article 23
of the TRIPS Agreement to products other than wines and
spirits. The Friends holds that `Extension' will open new
market opportunities by preventing trade distortions and
misappropriation. The benefits resulting from `extension'
will foster development of local rural communities and
encourage a quality agricultural and industrial policy. In
a time of trade liberalization in these sectors, `extension'
will help make GIs a valuable tool for the marketing and
promotion of quality products from developing and developed
countries alike.

Advertisement - scroll to continue reading

Are you getting our free newsletter?

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.

(2) Consultation Topics
-------------------

a. Extension in Trips Vs in Agriculture Negotiations:
The issue of Extension should be pursued at the TRIPS
Council independently from the goings-on in Agriculture or
any other WTO body.

b. Scope of Extension: Product Range and No. of GIs:
The Extension should be to all products. No listing of
products. One product should have as many GIs as legitimate
under the TRIPS Agreement.

c. Extension Effect on Trademarks: No negative effect
- in consideration of Arts. 22.3 and 23.2. Enough saving
clauses under Arts. 24.5 and 24.7. Furthermore, Kenya does
not currently have GIs registered as trademarks.

d. Extension Effect in Third Country Markets:
Positive. Extension will enhance market access for all WTO
Members during the GIs system.

(3) Extension Effect on Parties
---------------------------

a. Extension Effect on Producers in GIs Area(s):
Positive: Extension will facilitate market access for these
areas to other areas.

b. Extension Effect on Other Producers: Positive:
Enough saving clauses under the TRIPS Agreement.

c. Extension Effect on Consumers: Positive: No
further deceit.

d. Extension Effect on Governments: Positive: Users
to pay for cost of running the system. Besides, enhanced
market access without trade distortion implies enhanced
foreign exchange and thus national growth. Besides, GIs
just like any other Intellectual Property Rights (IPRs) are
private rights acquired and enforced by owners who meet all
the costs and thus the issue of EU registering many GIs in
Kenya is only to benefit EU and not Kenya does not arise.
The same scenario holds for all other IPRs that we already
protect successfully. GIs should not be an exception.

(4) Extension Effect on WTO System
------------------------------

a. Extension Effect on Distribution of Rights and
Obligations of WTO Members: None.

b. Extension Effect on WTO Trade Liberalisation
Objective: Supportive.

End Text.

Bellamy

© Scoop Media

Advertisement - scroll to continue reading
 
 
 
World Headlines

 
 
 
 
 
 
 
 
 
 
 
 

Join Our Free Newsletter

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.