The Maasai Intellectual Property Initiative

 The Maasai Intellectual Property Initiative: Reclaiming the Maasai IP for Kenyan and Tanzanian Maasai Meg Brindle PhD and Ron Layton
1 Table of Contents Misuse of the Maasai Image……………………………………………………………………………………………4 The Maasai Stakeholder Group…………….…………………………………………………………………………6 Who is Light Years IP and What are we trying to accomplish..…………………………………………7 The Maasai Distinctive Brand………………………………………………………………………………………….9 Who is Misusing the Maasai Brand?............................................................................... 12 The 7 Point Plan and General Assembly...........................................................................13 The Ethiopian Fine Coffee Case Example ……………………………………………………….………………14 Details of the 7 Point Plan to return income to the Maasai……………………………….……………15 MPIDO/ MIPI and Light Years IP working together….………….………………………………………….17 Allies and Support: The African IP Trust………………..………………………………………………………..21 Notes……………………………………………………………………………………………………………………………..22 Appendix -­‐Offensive Use of the Maasai Image………………………………………………………………..24 2 To Be Maasai is to be….
Proud
Honoured
Respected
Beautiful
One of a kind
3 IPVC The Maasai Initiative: Reclaiming the Masaai IP for the Maasai : The Maasai are one of the most widely known and highly regarded ethnic groups in Africa and around the world. The Maasai name, in various spellings and forms, is used by a large number of companies to sell a wide range of products including clothes, cars, furniture, and fashion. The Maasai images and culture are also being used by companies to sell products. However, the permission of the Maasai people has not been given. This MUST CHANGE! These companies generate higher profits in foreign retail markets by using the Maasai name and images which are the property of the Maasai. The Maasai are not receiving a share of these profits being made from their property. The Maasai culture is being used as a “brand”, including the Maasai name, images and at least four different sections of the Maasai people – the warriors, the Moran, the Mamas and the pastoralist tradition. When other brands are used, including pictures and endorsement of the Queen of England and the name and image of Michael Jackson, it is normal that the brand owner is able to give permission and is paid. Here are just a few examples of how the Maasai name is used to sell products: ü Maasai Barefoot Technology: This image was not given with consent This shoe from 4 Maasai Barefoot Technology shoes are sold for $US200-­‐
$300 per pair (300,000 to 450,000 Tanzanian Shillings or 17,000-­‐25,500 Kenyan Shillings per pair). The company says, ‘the shoes will make you will walk like the Maasai, with no pain in your back’. A Delta Maasai Special Limited Edition Fountain Pen is sold for $US 620 which is 930,000 Tanzanian Shillings or 52,700 Kenyan Shillings. This is a very high price for a pen, meaning that buyers of the pen value are paying for the Maasai connection, but the Maasai people are not receiving any share at all. Delta sells the pen by saying “Delta celebrates one of the World’s most legendary cultures with the collection of writing instruments that are as striking and unique as the Maasai themselves.” Because the Maasai name and culture provides value to products, this value is truly the property of the Maasai people. Property with this type of value is called Intellectual Property (IP). Light Years IP is training the Maasai to manage Maasai Intellectual Property, so that permission can be granted or denied and, when granted, all the Maasai people will benefit by receiving some income in the future from use of their brand. The Maasai Intellectual Property Initiative (MIPI) is discussed below. Questions for Discussion: ü What is it about the Maasai name and image that generates more income for Companies? Why is it very popular to use the Maasai name? ü Look at the examples of how the Maasai Image is used. See Appendix Item 1 at the back of this workbook. Light Years has found over 1,000 large and small companies using the Maasai name/image. ü On the following page, an image from the Louis Vuitton Spring/Summer 2012 Fashion Shows illustrates the way a popular (and expensive) designer is using the Maasai plaid to portray for western men images of strength, agility, confidence, and natural African persona. This fashion line includes Maasai plaid on many items ranging from small shukas to plaid bags, and has created a large buzz in the French fashion world. ü A google image search reveals hundreds of images just from Louis Vuitton. ü Consider—how can the Maasai benefit from such popularity? Do you see why the Maasai must form a legal entity and begin to form licensing arrangements to return income? ü Light Years believes the annual licensing revenue available to the Maasai exceeds $US 200,000,000 – if the Maasai had FULL control over their IP. (LYIP Quantitative analysis, Ron Layton, 2013). 5 6 IPVC The Maasai Intellectual Property Initiative: Light Years IP has designed a strategy for the trained Maasai to regain control of the brand and to begin to secure payments to the rightful owners of the brand – the Maasai people. The Maasai Initiative combines seven different types of work to regain control of the brand. Who is involved in the Maasai Initiative? (MIPI) stands for Maasai Intellectual Property Initiative -­‐ A Maasai organization registered in Tanzania and Kenya that wishes to represent the Maasai people in taking action. Mainyoito Pastoralist Integrated Development Organization (MPIDO) -­‐ will lead Consultation and Awareness-­‐
raising to inform and consult the Maasai on this important topic of taking control of the use of Maasai brand to return income to the Maasai people. MPIDO was hired by Light Years in 2012. The Maasai People of Kenya and Tanzania are the people who will benefit through the initiative. Light Years IP-­‐ is a non-­‐profit organization dedicated to helping African people to own and manage their brands and other Intellectual Property (www.lightyearsip.net) The goals of the Maasai Intellectual Property Initiative (MIPI) are: ü To consult the Maasai people on controlling the use by other of the culture, images, and Intellectual ü
ü
ü
ü
ü
ü
Property of the Maasai. To regain control over the cultural brand in ways approved by the people. To secure income from use of the brand that does not offend the Maasai people.
To distribute the income for community benefit as determined by the people.
To represent the Maasai of Tanzania and Kenya in a unified, transparent way.
To educate the Maasai and the next generation of Maasai about their brand and other IP.
Distribute income through a board of Maasai for community projects and sustainability of the MIPI initiative. A Maasai Constitution has been constructed in collaboration with Maasai lawyers.
7 IPVC Who is Light Years IP and what are we trying to accomplish? Light Years IP helps African low-­‐income farmers, artisans and producers of high quality products to increase their income by using brands and other Intellectual Property that is valuable in foreign consumer markets.
What is an Intellectual Property Value Capture strategy (IPVC)? Light Years IP has developed a unique new method by adapting business and IP methods used by multinational companies. These companies often earn 40-­‐50% of the consumer retail price for export products, by managing and promoting brands and by controlling distribution to reatail consumers. When African farmers use the Light Years IP method, they can capture an improved share of retail values, so the method is called IP Value Capture. The IP Value Capture method returned $US 200 million to Ethiopian coffee farmers over 2008-­‐2011 or $US200 per farmer family (see next page). What is Intellectual Property? If a person or organization has the legal Intellectual Property (IP) rights to an original idea, product, design, symbol, name, or brand, the law protects against other persons copying or using it without permission of the rights owner. Also, if you own Intellectual Property, you can give your approval for use and be paid when others use your Intellectual Property. For example, the Coca Cola brand is very valuable and no other company can use the brand name, Coke, without paying the Coca Cola Company. The Maasai have lost control of their IP. The Maasai Initiative is designed to help the Maasai to regain control of their IP and earn income. The Maasai approached Light Years IP in 2009 and asked for Light Years to help the Maasai in a similar way as LY had helped the Ethiopian farmers regain control and income. What has Light Years IP done to help the Maasai reclaim their brand and receive income? £ Secured a grant to train Maasai to build a representative organization and designed the 7-­‐point brand recovery plan. Moved the Maasai forward on the 7 areas to expand control of the Maasai IP. £ Organized the Maasai stakeholder group, The Maasai Intellectual Property Initiative (MIPI) and arranged assistance to MIPI in institution-­‐building and outreach to consult the Maasai people. £ Designed IP Value Capture training workbooks and workshops with a goal of informing large numbers of Maasai. Conducted IP trainings for Maasai in Tanzania and Kenya, reaching hundreds of thousands. £ Designed the African IP Trust as allies to the Maasai (www.africaniptrust.org) £ Helped designed the constitution of MIPI (Articles and Memorandum of Association) that provides for a General Assembly to direct MIPI, made up of leaders from all Maasai counties in Kenya and all Maasai districts in Tanzania. £ Recruited IP specialists to help and also a network of influential allies to support the Maasai recover their brand and performed rigorous analysis of offenders and licensing strategies for the Maasai. £ Funded radio broadcasts for Isaac ole Tialolo with a reach of 1.2 million Maasai. £ Developed a pilot project of direct trade for Mama’s handicrafts. 8 IPVC THE ETHIOPIAN FINE COFFEE TRADEMARKING AND LICENSING INITIATIVE The Ethiopian Fine Coffee Trademarking and Licensing Initiative was successful in returning extra income to farmers -­‐-­‐ $US 200million or $200 to each Ethiopian fine coffee family that was farming high quality branded coffee! For 10 years, the price of Ethiopian fine coffee in U.S. retail stores averaged about $US 20.00 per pound (1,600KES or 320,000TSH). But, before 2007, the average export price was about $US 1.22/lb. (100KES/1840TSH). In other words the Coffee farmers and Ethiopian export companies were missing out on a share of over 90% of the retail price! for these gourmet Coffee farmers was only 5-­‐6% of the retail price. Light Years IP strategy was to help Ethiopia take control of their brands and set up licensing. With the help of lawyers, Ethiopia was registered as the owner of Trademarks for the Sidamo, Yirgacheffe, and Harar brands of high quality coffees. Requiring licenses to sell or distribute the branded coffees helped Ethiopia control and manage their brands around the world. The licensing began with a “soft licensing” program. Licenses were given to friendly companies, such as Green Mountain Coffee, who agreed that Ethiopia owned the brands and it was morally right to ask Ethiopia’s approval to distribute these coffees. By granting these distributors a license to sell the branded coffee, Ethiopia created a new form of morally right business practice – but not every coffee company was willing. “Big Coffee” companies, including Starbucks, opposed the registration of the brands as the Intellectual Property of Ethiopia. Through a concerted campaign built by Light Years IP in close harmony with the Ethiopian government, companies such as Starbucks were pressured to stop opposing the trademarks being granted to Ethiopia. With the help of added pressure from key allies, and a focused struggle, Starbucks eventually agreed to be licensed. Since companies had to request a license to legally sell and distribute these coffees, Ethiopia had gained more power in negotiating export prices. There are now over 120 licenses signed and higher export prices over the period 2008-­‐2011 increased export income by a total $US 200 million (17,000,000,000 KES) to Ethiopian coffee farmers or $200 per farming family. The success of the Ethiopian Fine Coffee Trademark and Licensing Initiative has been a proof of concept, through which Light Years is working across E. Africa in IP Value Capture training and education toward governments; stakeholders; exporters and farmers. The goal is to dramatically improve income for African farmers and producers. 9 IPVC Branded and Distinctive Products = More Value in Retail Prices The Maasai name adds Distinctiveness to many products across the globe, increasing the price that can be charged for the products. It is TIME for companies to pay the Maasai for using their name and image. It is important to understand WHY some products have value due to the brand. Consumers are willing to pay higher prices for retail consumer products with brands, including the Maasai brand. Products don’t necessarily have to be some expensive material; rather it is often the story or origin, reputation, or something that a consumer associates with a brand that will meet a personal need, such as COURAGE. BRAVERY. RESPECT. Brand Air Jordan Starter Price $US 149.99 (12210K or 226168T) $US 18. 00 (1465K or 27140T) What is the difference between these two shoes? Do they have a different color? Does one look better than the other? Does one function better than the other? Are they made out of different materials? No. The difference between these two shoes is the BRAND NAME. The brand Air Jordan shoes are thought to be cool by young buyers. Michael Jordan, one of the best American basketball players to ever play, branded the shoes. People are willing to pay more money for the Air Jordan shoes because thy think they will be like and jump like Michael Jordan, if they wear his brand of shoes.Similarly for Maasai Barefoot Technology shoes, people think that if they buy these shoes, they will walk with posture like the Maasai. Maasai Barefoot Technology charges higher prices due in large part to the intangible value (that is, the value of feeling like the Maasai). The same thing is seen for Maasai handicrafts. Normal necklace $US 10.00 Maasai Necklace $ US 105.00 A regular necklace is $US10.00 (814K or 15077T) -­‐ which is not particularly special or the consumer can buy an Maasai necklace for $US 105.00 (8547K or 158318T) which has an interesting story of origin, was hand beaded by Maasai Mammas, and is rare. The necklace has special (intangible) value and consumers in retail markets are willing to pay for the intangible value. Light Years IP has hired Marc Mathieu, the
former global brand manager of Coca Cola to think about why the Maasai brand is so
valuable to consumers who pay extra amounts for products associated with the brand.
10 IPVC People value the Maasai images and brand for: 1. The POWER of Respect
THE MAASAI MAKE THE WORLD BELIEVE IN THE POWER AND IMPORTANCE OF
RESPECT—FOR EACH OTHER AND FOR NATURE.
MAASAI ARE BOTH HUMBLE AND HUMBLING. THEY INSTILL HOPE IN
INDIVIDUALS THE WORLD OVER. A SENSE OF HOPE THAT WE CAN ALL VALUE
THE POWER OF RESPECT. FOR CONSUMERS, THIS IS A NOBLE IDEA. AN IDEA TO
BE A PART OF. AN IDEA TO BUY INTO. AND IT’S AN IDEA THAT BECKONS
CONSUMERS TO JOIN THE JOURNEY BY BUYING PRODUCTS LINKED TO MAASAI.
Marc Mathieu, formerly of Coca Cola and expert in commercial brands offers this:
1. The Warrior speaks to consumers: THE MAASAI WARRIORS ARE COURAGEOUS AND HONORABLE. THEY STAND FOR TRIALS AND TRADITION. SYMBOLS OF THESE WARRIORS—FOR INSTANCE STATUES AND SHIELDS—COMPRISE THE ASSETS. THESE ASSETS ARE IN NEED OF A BRAND OR SEAL IN ORDER TO DISTINGUISH THEM WITHIN THE MARKETPLACE. 2. The Mamas: RESPECT FOR CULTURE and TRADITION THE MAASAI MAMAS CREATE BEAUTIFUL JEWELRY AND TEXTILES. THEY POSSESS A DIGNIFIED STATURE THAT IS RARE. THEY HAVE HANDICRAFTS THAT CAN BE BRANDED AS AUTHENTIC MAASAI TO TELL A UNIQUE STORY THAT WOULD CLEARLY SEPARATE THEM OTHER BEAD WORK. 11 IPVC 3. The Morans: RESPECT FOR THE BODY THE MORANS HAVE A NATURAL STRENGTH AND ATHLETICISM. THEIR ENERGY AND ABILITY TO JUMP TO AMAZING HEIGHTS MAKES THEM TRULY REMARKABLE THE WORLD OVER. THEY HAVE AN OPPORTUNITY TO UTILIZE THESE INTANGIBLE VALUES AND OPEN THE DOOR TO INNOVATION. DEVELOPING A PRODUCT OR AN INGREDIENT THAT EMBODIES THE SPIRIT OF THE MORANS WOULD CREATE A NEW BUSINESS FOR THE MAASAI. 4. AGILE HERDERS: RESPECT FOR NATURE THE MAASAI MOVE THROUGH THE NATURAL WORLD WITH GRACE AND AGILITY. THEY BLEND INTO THEIR SURROUNDINGS, RATHER THAN OVERPOWER THEM. THESE INTANGIBLES COULD BE THE BASIS OF NEW PARTNERSHIPS—WHERE THE MAASAI REPRESENT MOBILITY AND GRACE FOR THEIR PARTNER BRAND—OR THE BASIS FOR PRODUCT INNOVATION WITHIN THE TRIBE ITSELF.
YOUNG MORRANS!
Why do people buy Maasai products? For example, Coca Cola sells “happiness in a bottle;” Nike sells confidence and “Just do It.” The good news is that consumers see value in products linked to the Maasai and believe they will acquire strength; authenticity; meaning; and qualities that people want to have such as walking with dignity and adherence to tradition. 12 IPVC Who is Using the Maasai Name and Image? There are currently about 50 registered Trademarks of Maasai or Masai* And there are many offensive images: The picture above shows the Maasai lined up to form the image of a car. This image is offensive to Maasai elders who felt it misused bodies of people. It was used to sell vehicles. Light Years is working to build awareness and help the Maasai to gain control of the use of Maasai images and culture. (*2012 data) 13 IPVC THE GENERAL ASSEMBLY What is the General Assembly? £ Defined in the Maasai Constitution, (the Memorandum and Articles of Association is registered in Tanzania and Kenya), the general membership as the body who elects the MIPI Board of Directors who in turn control the executives of MIPI. Many Maasai elders have joined the General Assembly, which started with 10 members, 5 from Kenya and 5 from Tanzania and intends to reach a goal of 700 leaders. WHAT can you do as an individual Maasai or Maasai organization? £ Individuals can become members of the General Assembly. This involves signing a membership agreement and attending General Assembly meetings to influence decisions on what use of the Maasai culture is acceptable. £ Organizations can become members of the General Assembly to show their approval, influence decisions, and provide guidance. £ WELFARE and DEVELOPMENT BOARD: Decides how to use the surplus revenue from licensing of the Maasai IP for the specific welfare of the Maasai. This board will be elected from the General Assembly members. £ The Maasai Constitution also has committees for Culture; Licensing; Conflict Resolution; and Membership. £ Review by IP leaders and lawyers including Dr. Ekeru QUESTIONS for DISCUSSION: 1. What is the General Assembly? Why is it important? ____________________________________________________________________________________
____________________________________________________________________________________
___________________________________________________________________________ 2. What do you think you can do as a Maasai to further this effort for the Maasai people? 14 Maasai Intellectual Property Initiative
The Maasai Intellectual Property Initiative (MIPI) is a group of Maasai, co-­‐chaired by Maasai elder, Isaac ole Tialolo of Kenya, with initial 5 members in Kenya and 5 in Tanzania who have been trained about the Maasai IP (2011). They have connected with Maasai NGOs and partnered with MPIDO in 2012. The goal of expanding Maasai control via forming a solid base of LEGAL standing is shown below. Legal Standing is the ability to ask foreign and local judges to support the Maasai claim to own the Maasai IP, which is proved by showing that members of the General Assembly with membership cards represent the majority of Maasai people who approve this work. Note: For the Maasai to achieve LEGAL Standing – a majority of elders and leaders from ALL 12 districts and counties of Tanzania and Kenya will sign membership agreements joining the General Assembly to have at least 700 members. The 7 Point Plan shows how the Maasai can regain the rights and control over their Intellectual Property by working in 7 related areas. The 7 ways to increase Maasai control are: 1. Outreach -­‐ bringing together the Maasai people to be united in recovering the IP and to approve or disapprove future use of the brand through the General Assembly of MIPI. 2. Campaigning for Withdrawal of Offensive Pictures from companies that misuse the Maasai image, within Kenya and Tanzania as well as in foreign countries. 3. Registration of Trademark and Certification Marks – replacing foreign control of Maasai trademarks by Maasai control. 4. Maasai Mamas Branded Handicraft Project – creating a certificate of authenticity, a system for MIPI to award the certificate to authentic products and promoting authentic Maasai handicrafts. 5. Soft Licensing -­‐ securing companies who declare publicly that the Maasai brand is the property of the Maasai name. Some of these companies will be willing to seek Maasai approval for a respectful use of the Maasai brand and share revenue with the Maasai. 6. Hard licensing – negotiating with companies who currently benefit with the Maasai brand to get them to acknowledge Maasai ownership and pay license fees. If the companies are resisting, research deeply into the company structure and people to guide a campaign for the companies to agree. Creating a product or range of products approved by the Maasai that can be licensed to companies for substantial license fees. 7. Maasai Tourism -­‐ bringing all tourism that uses Maasai culture under cultural standards and with increased Maasai ownership and employment. 15 IPVC The Seven-­‐Point Plan for the Maasai
Awareness
Raising
Program
Tourism
Value
Capture
Withdrawal of
Offensive
Images
Trademark
and
Certification
Maasai
Handicraft
Project
Licensing
“Hard”
“Soft”
Licensin
Licensing
ggg
16 IPVC SEVEN POINT PLAN FOR THE MAASAI EXPAND MAASAI CONTROL OF MAASAI IP USING
SUBSTANTIAL BASE OF LEGAL STANDING
Extend Soft
Licenses to
Revenue
Licensing
Enter (Hard)
Licenses with
Revenue
Negotiate for
handover of
Trademarks
Stop Offensive
Use of Images
and other cultural
elements
Outreach to leaders in all 12 districts and counties - inform, seek approval, get
members of the General Assembly - 900 (estimated)
FORM THE BASE OF LEGAL STANDING OF MIPI
Prepare for Legal
Standing by Arranging
Soft Licenses and
opportunities to pitch
Revenue Licensing
Secure Capacity to Consult with
and Recruit to the General
Assembly of MIPI a majority of
Maasai leaders from all 12
districts and counties.
• Shorten IPVC workbook and create
Maa and Swahili translations.
• Print 500,000 copies and distribute
to all 12 districts and counties.
1. Awareness Raising Program-­‐ The goal is to reach the Maasai across Kenya and Tanzania with knowledge of Intellectual Property rights and the MIPI initiative. The goal is to show there is genuine legal representativeness. Light Years IP will: Provide support and budgets for the Outreaches; produce IP workbooks and brochures. Produce Membership agreements and General Assembly documents to establish Maasai stakeholder group rights. Provide MPIDO/MIPI large training workshops. Engage w IP lawyers. Engage the African IP Trust for high profile awareness-­‐raising internationally. MIPI will: Map and budget an Outreach plan for 12 counties and districts in Kenya and Tanzania. Engage village leaders and bring them to training courses on the general initiative. Translate and print 500,000 workbooks. Engage 700 members of the General Assembly. Track and record membership. Engage in Train the trainers with Light Years IP. 17 2. Withdrawal of Offensive Pictures: Make 40-­‐50 requests for withdrawal of offensive pictures based on research conducted by MIPI. Light Years IP will: Find offensive use in foreign countries and prepare letters for The Maasai Initiative to sign, requesting withdrawal MIPI will: Find offensive use in Kenya and Tanzania and identify the managers of the offending companies. The Maasai will send letters to the managers of the offending companies and send repeatedly to have on record that the Maasai do not permit or tolerate the use of offensive images. 3. Maasai Handicraft Project includes a new Certification of Authenticity system, assistance to producers to form women’s cooperatives and obtain finance for production, setting up the operations of handicraft exporting companies owned by producers, to be followed by an importing/distribution company in Europe. arc Mathieu,
Light Years IP will: provide experts in handicraft certification and arrange legal registration of the Certification Mark in foreign countries, and will arrange sale of pilot shipment of handicrafts in Europe, with consumer research. MIPI will:
•
•
•
•
•
•
Work with LYIP to create a business plan for the new Kenyan export company Meet with 5 existing groups of women producers in villagers to explain the handicraft project and help them to form cooperatives Provide a training course on the new certification system for leaders from the 5 producer groups and the new export company Help the 5 initial cooperatives to own and manage the new export company, starting with a pilot purchase and shipment from the cooperatives through the export company, testing the new certification of authenticity system Find local services that help women producers form more handicraft cooperatives and bring them to the willing producers Prepare to help Tanzanian women’s cooperatives form and own a Tanzanian handicraft export company 4. “Soft” Licensing Program, offering licenses to 10-­‐20 friendly companies who are willing to acknowledge Maasai ownership of Maasai IP. Light Years will: create a draft licensing agreement and find friendly companies in foreign countries and persuade them to acknowledge Maasai ownership of Maasai IP in written licensing agreements. For example, Ron Layton has discussed this the head of 10,000 villages as one example of a ‘soft’ licensing situation and Empowered Women International (EWI) has agreed to have a license to sell Maasai handicrafts. MIPI will: Learn about the soft licensing and be trained in how to find friendly companies in Kenya and Tanzania. 18 5. “Hard” Licensing Program These companies will be researched to find the best point
of contact. They will be approached by letters and/or the African IP Trust members to
assert Maasai rights.
Light Years IP will: provide experts in researching these companies and prepare
reports on the companies, their managers, owners and use of the Maasai name
and culture.
Engage the African IP Trust when relevant for letter writing, meetings
The Maasai Initiative will: learn about the companies and the hard licensing plan.
6. Trademark and Certification Marks: Research and file trademark applications for the Certification Mark and the “Maasai” and “Masai” word trademarks in Tanzania and in available categories in 6 target countries. Follow this program with requests for cancellation of trademarks owned by existing non-­‐licensed companies. Light Years IP will: research opportunities for applying for registration of trademarks in foreign countries and manage the trademark lawyers in foreign 7. Tourism Value Capture Program: Design tourism program to increase value captured by Maasai from the sector. Light Years IP will: provide experts in tourism, begin research on how the Maasai can capture value from the tourism sector, and prepare a proposed plan. countries.
MIPI will: provide information and opinions for the research and other challenges as they emerge. The Maasai Initiative will: complete the process of securing the Kenyan
trademarks, and then have lawyers advise on how to prepare and file applications
for Tanzanian trademarks.
Photo Credit: Maasai Warriors, Ole Magelo Tribe-­‐ Nairobi 19 IPVC Raising Awareness: In Kenya, Tanzania and in the World
The Maasai Intellectual Property Initiative (MIPI) MIPI that was designed to protect the Maasai culture, heritage, and way of life for future Maasai generations. This initiative will have an impact on the whole Maasai community and will be responsive to the community to be effective. One of the most important duties of the Maasai stakeholder group is to raise awareness and educate other Maasai about what the IP rights of the Maasai are and what they can do to help the initiative. THE GENERAL ASSEMBLY: A goal of the Maasai Outreach is to build the General Assembly of 900 Maasai representatives who approve of this work and have the following impacts: 1. Show the world that the Maasai are united by demonstrating that this work follows the will of the Maasai people 2. Direct the board of MIPI and executive staff on their work to recover the Maasai brand and other IP, particularly in directing MIPI on what commercial use of Maasai images is acceptable to the Maasai. 3. Select a new Welfare and Development board to distribute income earned from the approved licensing of the Maasai MIPI is pledged to regain the Maasai cultural brand and return income for the Maasai with the values of: £
£
£
£
£
£
£
Transparency Representativeness Unity Inclusion Accounting A Strong Board Cooperation 20 IPVC Tuko Pamoja: We are in this Together
MPIDO, MIPI and Light Years IP will share the work of building MIPI representativeness MPIDO: Working for Human Rights for the Ma’a People: (www.mpido.org) The activities to be undertaken by MPIDO will include: Sensitization, consultation and awareness-­‐raising among the Maasai living in the counties of Kenya, including: Kaijado; Samburu; Narok; Laikipia; Nakuru and Baringo of Kenya and the Districts of Tanania. Advancing the constitutional structure of MIPI and building an inclusive general membership, representative of the entire Maasai people, and capable of providing direction to the MIPI board and executive. Translating the Maasai IP Workbook written by LYIP into Maa, via Kenyan Constitutional lawyers and distributing it to the Maasai outreach meetings for general awareness. Assisting in training the General Assembly and in forming a new Welfare and Development Board to decide on the allocation of revenue received by MIPI from the commercial management of the Maasai IP. Capacity building of MIPI board, executive and the General Assembly, including the Welfare and Development board and other arms of the General Assembly of MIPI. Collaborating with the African IP Trust, an associate organization of LYIP, and other friends and allies of the Maasai people in pursuing the Strategy. 21 Raising Awareness: The African IP Trust (www.africaniptrust.org) In 2010, Light Years IP founded the African IP Trust. This group of high-­‐profile individuals – leaders in the UK; Africa; USA; and Australia was designed to advance and protect the IP rights of Africans when those rights are challenged or need high-­‐profile advocacy. The idea: Ron Layton birthed the idea in 2001 and assembled a powerful group of advocates during the Ethiopian fine coffee challenge over 2005-­‐2007. The group included 25 organizations including Oxfam International and Catholic Relief Services, along with individuals such as the former President of Ireland, Mary Robinson, who met with Starbucks at Ron’s request. The same type of high-­‐profile advocacy can assist the Maasai when approaching, negotiating or challenging powerful companies and other offenders. To date: The Maasai are the first group supported by the newly formed African IP Trust, co-­‐chaired by Lord Paul Boateng, of the House of Lords, UK and Congresswoman Diane Watson (ret.). Light Years IP supported MIPI co-­‐chair, elder Isaac ole Tialolo, to speak at the Congress of the US in July, 2012. The African IP Trust, UK, was launched in May, 2013. Please see the African IP Trust website to learn more about this advocacy group! (www.africaniptrust.org) 22 Notes Notes 23 24 APPENDIX: COMMERCIALIZED AND MISUSED MAASAI IP ASSETS by Boniface KEIS and Kelvin MURASIMI A MATRIX FOR COMMERCIALIZED AND MISUSED MAASAI IP ASSETS Company Business Details/Type Industry IP Image/Logo Location Name Maasai Land rover Maasai Freelander Illusion Motor UK Masai Consultin
g Consulting firm on banking,education,energy, mining, financial services,government,healthc
are,insurance,legal,manufact
uring,media, advertising, pharmaceutical and telecommunications Masai IT Warrior
s Consulting Sydney, Australia IT Australia Masai Business Management Consultants North America Consulting Chicago, USA Masai Hosting IT E-­‐Business solutions using web content management software on Microsoft's .NET platform. 25 Ellicott City, US Masai Coffee Mugs Manufact
uring (ceramic) Masai Coffee Top Masai is a top-­‐grade Kenya AA created by Company Dormans Coffee shop Nairobi, Kenya Ian Snow Interior Crafts and Clothing Clothing Masai Coffee Combat Skirt -­‐ £28.00 Maasai Xystos Handicraft Starbuck
s Coffee Masai Mug Coffee shop Masai Mug by Starbucks Coffee 26