A farmer picking tea in Murang'a.
If you discover a scientific formula and want legal protection for your discovery, you register a patent. If you compose a great song and wish to guard it against piracy - or write a good book and want fair returns on your effort - you register a copyright. But what if you want to protect a sign associated with your product? Simply register a trademark.
These are all forms of Intellectual Property (IP), legal protections that cover inventions, literary works, designs, and symbols. IP encourages innovation and fuels economic development. Other categories of Intellectual Property include trade secrets, utility models, and industrial designs. Unlike land or other tangible assets, these are intangible.
Historians trace the origins of intellectual property back to Italy in 1474, when the Republic of Venice enacted the Venetian Patent Statute. The British took it further through the Statute of Monopolies in 1624.
In Kenya, Intellectual Property is broadly categorised into industrial property and copyright. But what protection can a group of rural farmers get for a product that draws its value from local reputation?
In Mt Kenya, where I come from, small-scale farms are getting smaller. Succession and subdivision are the main culprits. Smaller farms reduce productivity because economies of scale are lost.
Extra income
But as leaders, we must think outside the box. Farmers need that extra income. They have families to feed and children to educate.
That extra value must be found elsewhere - and one of the best ways to harness it is through Geographical Indication (GI).
GI is a form of Intellectual Property that uses a sign on a product to show its geographical origin and the qualities or reputation that come from that place. Only products genuinely originating from the designated region can use the GI label.
A classic example is the Champagne region of France. Wine-making there began over 2,000 years ago, thanks to the Romans. A monk named Dom Pérignon, at Hautvillers Abbey, perfected the sparkling wine process. The result? Champagne became world-renowned.
GI is recognised under the TRIPS Agreement - the World Trade Organisation’s treaty on Trade-Related Aspects of Intellectual Property Rights. It is a key part of global IP discourse.
At times, GI is confused with place-based trademarks. A good example is the so-called Tinderet Case, where a trademark registration, “Tinderet Tea Farm”, - was challenged after being approved by the Kenya Industrial Property Institute. While both trademarks and GIs provide information about a product, they differ: trademarks identify commercial origin; GIs identify geographical origin and characteristics.
Kenya has not yet enacted a specific law on Geographical Indication. As a result, some companies exploit trademarks to indirectly evoke a regional identity and capitalise on GI-type branding.
Yet GI can significantly boost product value by enhancing reputation. It differentiates products from competitors, allowing producers to charge premium prices. For example, Darjeeling Tea from India, once registered as a GI, saw its domestic prices rise fivefold. Basmati rice prices doubled.
GI protection
That is why Murang’a County, in partnership with France and Equity Bank, is seeking to register GI protection for its tea.
Murang’a is the leading producer of small-scale tea in Kenya, and possibly in the region. The sector is also well organised. According to the Kenya Tea Development Agency (KTDA), Murang’a farmers earned Sh17.8 billion in 2024 - nearly 20 per cent of the total earnings by Kenya’s small-scale tea farmers.
To understand how product reputation drives value, ask yourself: Why does a Rolex watch cost millions of shillings? Its basic function is to tell time. The value lies in reputation. Or why does one acre in Muthaiga sell for over Sh200 million, while neighbouring estates average Sh10 million? The power of place and perception.
The Murang’a tea-growing region has unique attributes that strengthen its case for GI registration: scenic hills, rich volcanic soils, and pure water sources that also serve Nairobi. It has produced top-tier entrepreneurs, celebrated local musicians, and leading academicians.
If the Murang’a GI project succeeds, it could be extended to other local products such as coffee, milk, mangoes, and avocados.
However, challenges remain. First, the national government must pass enabling legislation. A draft GI law has been gathering dust in a government office for over 20 years.
Second, GI registration is a long, expensive process. Farmers must be trained to understand and protect the brand. It will require time, resources, and patience.
Dr Kang’ata is the Murang’a Governor; Email: [email protected].
