Some years back, a young Kenyan graduate, working as an intern for a public state corporation, developed an innovative solution that earned his employer a global innovation award. However, his application for intellectual property rights was ignored by his employer, who continued to bask in the fame and glory of the global award.
Was the intern’s application for IP rights merited? The answer is yes, it was merited in Kenya’s Industrial Property Act No. 3 of 2001, specifically Part XIV, which outlines provisions for technovations—a little-known IP protection for employees in developing countries.
Technovation Rights Under Kenyan Law
While the law generally provides ownership rights to employers over works created by their employees during the pendency of employment, the Kenyan technovation law provides an exception provided the employee meets a threshold set in statute.
Section 94 defines a technovation as a solution to a specific problem in the field of technology, proposed by an employee of an enterprise in Kenya for use by that enterprise and which relates to the activities of the enterprise but which on the date of the proposal has not been used or actively considered for use by the enterprise.
When Does the Right to a Technovation Award Arise?
The Act goes on to set out when the right to a technovation award arises. Section 95 gives a technovator the right to receive a technovation award where his duties did not include making the technovation. Section 96-99 set out the process of awarding the technovation.
The technovator must successfully establish the above criteria before he can get a technovation and remuneration pursuant thereto. This is a domestication of the WIPO Model Law for Developing Countries on Inventions which has in-depth provisions on technovations. The policy thrust of technovations was to provide incentives to employees in developing nations and to stimulate talent. The law provides an incentive system where a qualified employee can be awarded for innovativeness.
Key Criteria for a Technovation
Technology related: Technovations are only granted in the field of technology. Non-tech solutions such as strategy and administrative solutions do not qualify for the grant of a technovation. The law does not provide rewards for ideas, concepts, and proposals but rewards technological solutions
Conclusion
The technovation law in Kenya represents a unique and forward-thinking approach to intellectual property in developing nations. By providing employees with the opportunity to be rewarded for their technological contributions, it fosters innovation and encourages creative problem-solving within enterprises. As more countries develop their own frameworks for protecting intellectual property, technovation laws like Kenya’s may serve as a model for incentivizing innovation globally.
