By Clarisse Mideva
The concept of ‘Green innovation’ emerged when the world realized the negative impact of human activities on the environment and ecological stability. Green Innovation refers to the development and implementation of new ideas, processes, products or services that reduce the environmental impact of human activities. The pressing need to tackle climate change and global environmental challenges makes innovation and creation of technologies that solve these problems imperative.
Kenya has been at the forefront in championing for a green economy and green innovation with the launch of the Green and Digital Innovation Hub Kenya (gDIH) at the Kenya Innovation Week in 2023, which is a one-stop-shop that aims to contribute to the digital transformation of Kenyan enterprises while promoting sustainable development, circular economy, environmental protection, and tackling climate change, and the launch of the ‘Africa Green Industrialisation Initiative’ in 2023 which aims to accelerate and scale green industries and businesses across Africa, promote climate mitigation and adaptation, and catalyse economic green growth. Kenya also has a Green Economy Strategy and Implementation Plan 2016-2030 which supports a globally competitive low carbon development path through promoting economic resilience and resource efficiency, sustainable management of natural resources, development of sustainable infrastructure and providing support for social inclusion, and a National Cleaner Production Center which is registered as a Trust within the Government’s Ministry of Trade and Industry with the aim of becoming a Centre of Excellence in assisting Kenyan industries and enterprises to produce more with fewer resources and less pollution.
The Africa Union, which Kenya is a member, has a Green Recovery Action Plan which tackles the combined challenges of the COVID-19 recovery and climate change, by focusing on critical areas of joint priority, including climate finance, renewable energy, resilient agriculture, resilient cities, land use and biodiversity. Kenya being a member of the World Intellectual Property Organisation (WIPO) as well, utilizes WIPO GREEN, a platform that supports global efforts to address climate change by connecting providers and seekers of environmentally friendly technologies, by leveraging the platform to access, promote and transfer green technologies and innovations, thereby fostering green innovation and accelerating sustainable development. Additionally, in the Global Innovation Index 2023, Kenya ranked 8th among the 28 economies in Sub-Saharan Africa. This showcases promising signs in innovation as Kenya continues to invest in innovation infrastructure, increase research and development activities and build a supportive environment for innovation-driven businesses. Such advancements could contribute to an increase in green innovation.
Green Innovation and Intellectual Property
In the quest of finding solutions to the environmental challenges battling the world, innovation cannot be left out. Tackling these challenges requires new inventions and techniques, improvements to existing ways of doing business and measures to reward and recognize sustainability initiatives. Intellectual property is an essential component in protecting, diffusing, exploiting and rewarding such initiatives. Intellectual Property (IP) refers to creations of the human mind such as inventions, literary & artistic works and symbols, names and images used in commerce. Innovators and Creatives use IP to translate their ideas into assets. Types of IP include:
(i) Patents: A patent is an exclusive right granted to an invention (i.e. a product or a process that, in general, provides a new way of doing something or a new technical solution to a problem), for a period of 20 years from the filing date (non-renewable), as stipulated under Kenya’s Industrial Property Act No.3 of 2001. An invention qualifies for patent protection if it’s new, involves an inventive step (non-obvious) and is industrially applicable (useful in some kind of industry).
The patent system supports technological development by ensuring that the inventors are rewarded for their inventions. The patent system also facilitates the diffusion of new green technologies and the growth of green businesses through patent licensing and technology transfer agreements, licenses and other arrangements. Patents have previously been granted for green technologies e.g. technologies that focus on renewable energy resources such as solar power, wind and wave energy, new and improved energy storage options (e.g. batteries), energy efficient lighting sources (e.g. LED lighting), and other non-polluting and resource-efficient technologies that enable better waste management and recycling processes, optimal resource use and less environmental harm e.g. Egerton University patented a Pyrethrum Solar Drier that consists of shed and gable roof structures that use solar radiation to dry pyrethrum flowers.
(ii) Utility Models: These are also known as ‘petty patents’. They protect inventions for a period of 10 years (non-renewable) as provide for under the Industrial Property Act, No.3 of 2001. An invention qualifies for a utility model certificate if it is new (has not been invented in Kenya before) and industrially applicable (capable of being made and used in some kind of industry). They are the most utilized form of protection in Kenya when it comes to protecting inventions. This is because they provide protection to minor or incremental innovations and have a lower threshold for what constitutes an ‘inventive step’. Their application process is also simpler and cost-efficient. Examples of Utility Models include: LED lighting systems, solar water heaters, electric bicycles, smart waste bins, Eco-friendly packaging, dual-flush toilets among others.
(iii) Copyright: Copyright grants protection to original literary and artistic works ranging from novels, movies, music, drawings, software programs and databases. Under Kenya’s Copyright Act, Copyright is protected for the life of the author plus 50 years after death. Copyright is automatic from the moment the work is created and generally does not require any formal registration process. This means any literary and artistic work which has been put in a fixed or tangible form (in form of a book, cd, canvas etc) merits copyright protection and does not necessarily need any registration. Therefore works such as films, documentaries, novels and music about how the world can transform in terms of green innovation can be protected and used as educational media just like Swedish climate activist, Greta Thunberg’s compilation of speeches titled ‘No One is too small to make a difference’.
With the trend of new technological advancements, software is also crucial since most of the technologies that the world needs to make a transition to a green future, will involve complex software and artificial intelligence technologies which will need to be protected by copyright. Considering the fact that Artificial intelligence (AI) applications are already in use in controlling traffic, reducing food wastage, improving public safety, increasing manufacturing processes and optimizing agricultural food systems (i.e. crop and soil monitoring devices and systems, predictive systems to anticipate environmental impacts of weather on crop yields and using agricultural autonomous robots), it proves the importance of Copyright protection.
(iv) Trade secrets: Trade secrets protect confidential information that have commercial value such as manufacturing processes, test data, designs and drawings of computer programs, lists of suppliers and clients, advertising strategies etc. The protection granted under trade secrets helps keep the information secret from the public. Trade secrets are protected through Non-Disclosure Agreements, Non-Compete Agreements, robust IT infrastructure and controlling accessibility of important documents. Mostly, MSMEs prefer to protect their innovations under trade secrets because unlike patents, a trade secret has no time limitation, has little or no registration costs and is effective the moment steps are taken to keep it a secret. The disadvantage is that once the trade secret is revealed, the protection ceases to exist. Additionally, trade secrets offer less protection compared to other IP rights particularly in sectors where reverse engineering is prevalent. Famous examples of Trade secrets include: IBM’s Artificial Intelligence Technology, Tesla’s Battery Technology, L’Oreal’s skincare formula, Boeing’s Aircraft design, Coca-Cola’s marketing strategy and recipe among many others.
(v) Industrial Designs: The appearance and aesthetics of a product is protected as an industrial design. Under the Industrial Property Act No.3 of 2001, Industrial Designs are protected for a period of 5 years and can be renewed for 2 additional periods of 5 years each, giving a total protection period of 15 years. With the call for green innovation comes improvement in the appearance and the environmental performance of products which can be made possible when there is protection for the improved designs. Many MSMEs are now producing designs that reduce the use of energy, for instance making vehicles and aircrafts have more streamline bodies to increase their aerodynamic abilities etc. M-KOPA Kenya Ltd protected the surface pattern, configuration and the shape of its Solar Bulb and Solar Control Box System as Industrial Designs.
(vi) Trademarks: Trademarks help MSMEs build their reputation in the market and give them an edge over other businesses that do not leverage their creative ideas. Under Kenya’s Trademarks Act Cap.506, Trademarks are protected for a period of 10 years and can be renewed indefinitely for subsequent periods of 10 years each.
A trademark can be a logo, word, slogan, symbol or combination thereof, which helps in identifying the source of the goods and products of one company and distinguishing them from those of another e.g. MSC is a certification mark for the Marine Stewardship Council in London that is used by retailers and restaurants to show that their seafood and fish lessen the negative impacts on the oceans of fishing. Such trademarks attract eco-conscious consumers and build consumers’ awareness, confidence and trust in the products or services as they signify adherence to environmental standards and sustainable practices. Sportswear Company, Adidas, in 2019 also launched a 100% recyclable running shoe under the brand name Futurecraft Loop. The innovation aims to tackle plastic waste issues. By naming their product “Futurecraft Loop”, Adidas not only differentiates its products/services in the market but also protects the investment it made in developing and marketing its environmental friendly footwear.
Why is IP Important?
Innovation involves extensive and expensive research and development. It is only reasonable for innovators to be able to recoup their relevant investments once the innovation hits the market. This can only be achieved through granting IP rights over the innovation to protect it against free-riding and imitation by third parties, clarify ownership, strengthen an innovator’s negotiating position, help attract partners and financing and enable the innovator to commercialize it by either licensing, assigning or partnerships. With these kind of arrangements, parties can provide each other with access to the relevant green technologies and technical know-how. This in turn fosters the development of green technology since parties can capitalize on each other’s expertise. IP also facilitates the dissemination of green innovation by requiring publication of scientific data used to develop the innovation. Inventors are able to discover other inventors’ solutions to a problem and use this information to come up with new or improved products and processes by accessing sites such as google patents, espacenet, patentscope, global industrial database, global trademark database among others. IP is a powerful tool in fostering green innovation. As Kenya continues to innovate for a greener future, understanding and leveraging IP is crucial to sustain and accelerate these efforts.
References
- Bhattacharjee, S., & Datta, S. S. (2016). Effects of Intellectual Property Rights on Innovation and Development.
- Bhowmik, A., & Dahekar, R. M. (2014). Green technology for sustainable urban life. Recent Research in Science and Technology, 6(1), 4–8.
- Change, C., Zhuang, W., & Information, M. (n.d.). Intellectual Property Rights and Climate Change interpreting the trips agreement.
- Chu, J. M. W. W., & M, L. L. B. H. L. L. (n.d.). Developing and Diffusing Green Technologies : The Impact of Intellectual Property Rights and their Justification. 53–102.
- Climate Change and Intellectual Property Author (s): Enrico Bonadio Published by : Cambridge University Press Stable URL : https://www.jstor.org/stable/24323156 Intellectual Property. (2020). 1(1), 72–76.
- (1957). MOD. 1 – The Economics of Intellectual Property. Intellectual Property, 87(3), 1–16.
- World Intellectual Property Organisation. (2016). What is Intellectual Property ? WIPO Publication, 450(E), 25. https://doi.org/10.1016/j.neuroimage.2005.10.001
- (2018). Climate change and the Intellectual Property system. Geneva, Switzerland
