G E N E VA A U G U S T 2 0 0 7 N o 4 2 KENYA S MUSIC INDUSTRY Tapping Potential 8 GEOGRAPHICAL INDICATIONS Tasting success in China 14 CUBAN INNOVATION Awards for public health STRATEGIC INTELLECTUAL PROPERTY MANAGEMENT EXECUTIVE PROGRAM September 17 19 2007 Geneva Switzerland Designed for senior executives this program teaches how intellectual property IP can be strategically leveraged to create value and sustain competitive advantage in a rapidly changing business environment STRATEGIC INTELLECTUAL PROPERTY FINANCE EXECUTIVE PROGRAM November 12 15 2007 Geneva Switzerland Designed for finance executives managers and analysts this program teaches essential concepts and recent developments in the rapidly evolving and complex area of intellectual property IP finance For registration please visit www wipo int academy en execed For further information please contact Research Executive Program WIPO Worldwide Academy World Intellectual Property Organization 34 chemin des Colombettes 1211 Geneva 20 Switzerland E mail execed academy wipo int Tel 41 22 338 92 40 Fax 41 22 740 14 17 Calendar of Meetings SEPTEMBER 14 P M GENEVA Patent Colloquium Patents and Transfer of Technology WIPO is holding a number of colloquia on selected patent issues throughout the year The colloquia are intended to provide information on different patent related topics and to provide a forum for an exchange of information among participants on these topics Each colloquium will include two presentations by invited speakers followed by a discussion Invitations The colloquia are open to the public and free of charge SEPTEMBER 24 TO OCTOBER 3 GENEVA Assemblies of the Member States of WIPO Forty third Series of Meetings All Bodies of the Assemblies of the Member States of WIPO will meet in their ordinary sessions Invitations As members the States members of WIPO as observers other States and certain organizations OCTOBER 15 GENEVA Domain Name Panelists Meeting A meeting of WIPO panelists to exchange information on precedents and procedures in WIPO domain name dispute resolution Invitations Restricted to WIPO domain name panelists OCTOBER 16 AND 17 GENEVA WIPO Arbitration Workshop An annual event for all persons interested in WIPO arbitration procedures both as potential arbitrators and as potential party representatives Invitations Open to interested parties against payment of a fee OCTOBER 18 AND 19 GENEVA WIPO Advanced Workshop on Domain Name Dispute Resolution Update on Practices and Precedents An event for all persons interested in receiving up to date information about the trends in WIPO domain name panel decisions Invitations Open to interested parties against payment of a fee GENEVA AUGUST 2007 CONTENTS 2 ON THE BEAT TAPPING THE POTENTIAL OF KENYA S MUSIC INDUSTRY 5 IN THE COURTS 8 GEOGRAPHICAL INDICATIONS FROM DARJEELING TO DOHA CAN DISTINCTIVENESS OF MUSICAL IDENTITY BE PROTECTED UNDER U S LAW 12 IP AND SOFTWARE SEMINAR EMERGING TRENDS AND PROSPECTS 14 WIPO AWARDS FOR CUBAN INNOVATORS 15 MEASURING THE ECONOMIC IMPACT OF IP SYSTEMS 16 NATIONAL STRATEGIES AND POLICIES FOR INNOVATION A VIEW FROM CHINA AND INDIA 18 COMMITTEE MEETINGS 21 BOOK REVIEW 22 LETTERS AND COMMENT 24 IN THE NEWS PCDA Milestone Agreement on WIPO Development Agenda SCCR Discussions on Protection of Broadcasting Organizations to Continue at Committee Level IGC Recommendation to Renew Mandate PATRY ON COPYRIGHT WIPO MAGAZINE ISSUE 2007 4 Editorial team John Tarpey Elizabeth March Sylvie Castonguay WIPO staff contributors Carole Croella Tapping the Potential of Kenya s Music Industry Allan Roach Measuring the Economic Impact of IP Systems Philippe Baechtold and Tomoko Miyamoto National Strategies for Innovation A View from China and India Acknowledgements Tabu Osusa Exceutive Producer Ketebul Music Tapping the Potential of Kenya s Music Industry Cuban Industrial Property Office WIPO Awards for Cuban Innovators Graphic design Sheyda Navab Cover photography Beijing Pinggu District Fruit Industry Association World Intellectual Property Organization 2 AUGUST 2007 On the Beat TAPPING THE POTENTIAL OF KENYA S MUSIC INDUSTRY Courtesy of Ketebul Music The modern musical landscape of Kenya is one of the most diverse and vibrant of all African countries But under investment ineffective management of intellectual property rights and rampant piracy have prevented the industry from realizing its economic potential and left its artists struggling to earn a living Following a recent visit to Nairobi by a team of WIPO s copyright and outreach experts this article takes a look at what makes Kenya s music great and at some of the elements which have hitherto stunted its growth Olith Ratego sweet sounds and sharp social comment His interest in music came from his mother a singer of dodo traditional Luo music With more than forty different regional languages the country s musical panorama is rich and remarkably complex Driving through Nairobi s streets in your matatu you will hear songs in Luhya Luo Kamba and Kikuyu on every street corner Music has traditionally been a distinctive feature of Kenyan ethnic groups such as the Kikuyu Kenya s largest ethnic community and the Luo people of the Lake Victoria region who have always been particularly well known for their musical culture In addition to its entertainment value Kenyan music has always been and is still today a major vehicle for sharing information and educating local populations Opondo Owenga a traditional Benga musician was well known during the colonial era for his use of music to convey the history of the Luo people Such musical riches are under threat however since traditional music rooted in oral tradition is disappearing at an alarming rate A potent mix The roots of Kenya s popular music can be traced to the 1950s The most characteristic pop sound is Benga music which was born on the lakeshore and originates from the Luo community It is a crossover of traditional rhythms and instruments such as the nyatiti lyre the orutu single stringed fiddle the ohangla drums and modern dance Benga became so popular that ethnic groups from six out of Kenya s eight provinces have adapted it to their own style and flavor while retaining the pulsing beat high energy bass interlocking guitar riffs and recurrent voice solos which characterize the Benga genre The complex rhythms include indigenous and imported rhythms notably the Congolese beat The Shirati jazz band formed in 1967 was one of the first Benga bands to make
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