ICT stakeholders ponder move to patent software

NAIROBI-KENYA:Information and Communication Technology (ICT) stakeholders began a two-day meeting in Nairobi on Wednesday to  debate on whether or not to patent software in the country.

The stakeholders from the ICT, legal and intellectual property industries are expected to voice their support or opposition to computer software patents and to learn about the positive and negative aspects of computer software patents.

In his opening remarks, Permanent Secretary in the Ministry of Information and Communications Dr Bitange Ndemo said there is a great deal of research that has gone into intellectual property in Kenya.

Ndemo noted Kenya is beginning to develop home grown capacity in software development and the government will support the efforts.

Kenya Industrial Property Institute (KIPI) CEO Dr Henry Mutai clarified software in the east African nation can be protected through a patent.

“As innovators, we need to be aware that software is copyrighted. Therefore, one does not need to patent software for it to be protected,” Mutai told the participants.

He however explained that with skilled patent drafting, a computer program that meets the criteria for a patent could be granted protection.

The challenge for the local software industry is access to skilled legal drafting of their patent application. Over 200 patent applications were submitted in 2011, and 17 were granted.

To address the quality of patent application, Mutai announced KIPI is planning to set up a technology and innovations center through the help of World Intellectual Property Institute (WIPO) which will help innovators access patents in their inventions.

The two-day meeting is supported by the ICT Board and Centre for Intellectual Property and Information Technology Law (CIPIT) that will see the stakeholders’ debate on whether or not to patent software in Kenya.

CIPIT will focus on awareness creation for both innovators and legal experts so as to find a way of getting patents for software. As the Kenyan ICT industry grows, protection of intellectual property (IP) is becoming increasingly important.

Experts say protection of IP rights for computer software can be challenging, particularly in the area of patents, where the law is unclear.An understanding of the applicability, benefits, and drawbacks of patents, copyrights, trademarks, and other forms of IP is critical to the ICT sector.

Speaking during the meeting, Director Kenya Vision 2030 Delivery Secretariat Mugo Kibati said that in line with Kenya’s Vision 2030, the technology industry is aiming for more homegrown innovations in Kenya.

“For Vision 2030, the right IP framework, skills and industry ideas will be protected in a manner that will encourage innovations,” Kibati said.

During the panel discussions participants argued for and against patenting software. Some of the issues that were discussed included territoriality of software patenting, and if Kenyans can access patent for their innovations from anywhere in the world.

Tomoko Miyamoto, head of patents in WIPO clarified that intellectual property is territorial. She however insisted it is important for innovators to share their knowledge instead of keeping it secret for the fear of infringement.

Marcella reminded the participants that the right owners of innovations need to have all the information regarding Intellectual Property Law before making a decision to patent.

“You have to take account of the laws of the land regarding patent and international systems available before patenting your innovation,” said Marcella.

On the challenge of Kenyans obeying the law with regards to respecting patent, Chief Patent Examiner at KIPI David Njuguna told the participants that KIPI has no control on whether or not people respect the patent law.

The forum is expected to provide all stakeholders with an opportunity to voice their support or opposition to computer software patents and to learn about the positive and negative aspects of computer software patents.

For the Kenya ICT Board, an enabling businesses environment that promotes ICT innovation, especially for start-up companies, is essential.The outcomes of the workshop will inform how the Kenya ICT Board will lobby for policy that supports the ICT business environment. (Xinhua)