It is not common for a country to lose copyrights of national treasures and pride like the National Anthem or local products like Kiondo and Shuka.
Curiously, Kenya once lost the copyrights to the National Anthem tune, Kiondos, Kikoys and Shukas to foreigners, including corporations.
1. Kenya National Anthem
The tune was composed by Pokomo villagers in 1963, the Kenyan National Anthem was first sung in the Kiswahili language.
Later in 1964, the government-sponsored a new version of the anthem which was also translated into English by local professional musicians.
Over the years, Kenyan National Anthem became one of the most outstanding tunes, especially, during award ceremonies for legendary athletes who grace international competitions.
However, in 2019, a British company claimed the copyright ownership of Kenya's National Anthem tune which is often played during national holidays and other important or historical events.
The British company confirmed the ownership of the copyrights stating that the tune was duly registered as per the applicable laws.
While acknowledging the matter, Kenya Copyright Board (KECOBO) noted that the government had the copyright for its commissioned works for up to 50 years, which, in the case of the National Anthem, reportedly lapsed in 2013 and was never reviewed.
“The National Anthem is over 50 years and has thus fallen into the public domain. However, given the place of National Anthem in any country and the provisions of the National Flags, Emblems and Names Act (Cap 99 laws of Kenya) there is the additional protection of the anthem against misuse and improper use,” read the statement.
KECOBO also stated that the Kenyan Government was still within its authority to regulate the use of national treasures.
“Under that Act, the use of the National Anthem, emblems, names and other similar symbols is restricted and its use shall be subject to written permission by the minister in charge of the interior," KECOBO noted.
The board promised to ensure that Kenya regained the copyright ownership of her National Anthem.
2. Kiondos
Kiondos were traditionally made by women from Taita, Kikuyu and Kamba communities that used them as luggage bags.
Later, Kiondos became household carrier bags that are used mainly for carrying light goods from marketplaces into homes.
In 2015, Kiondo found itself among products that were listed by the Japanese Patent Office database which currently contains patented inventions able to produce industrial woven baskets en masse.
Japanese Patent Office registered Kiondo after Kenyans failed to commercialise the Kiondo both as a product patent or even as a design.
3. Shukas
Maasai Shuka is one of the most conspicuous brands, especially, in the fields of tourism and cultural traditions.
Interestingly, Maasai Shuka had not been copyrighted for patenting or design purposes - both locally and internationally.
Famed for being one of the most recognised luxury brands in the world, in 2017, a French company appropriated Maasai Shuka as its own product.
This is after the French company's attempt to patent it failed due to arguments that Maasai Shuka was a traditional knowledge and cultural expression that was already in the public domain.
The luxury brand was told that it could not patent or copyright Maasai Shuka because it belonged to some or all Kenyans.
However, the French company managed to register an appropriation of Maasai Shuka as its own product, and not a Kenyan creation.
Similarly, a UK-based company's attempts to register the name Kikoy as a trademark failed after it was told that the word ‘Kikoy’ had become a generic term.
Instead, the company developed blended Kikoy products which were protected as utility models and not as distinctive trademarks.
