Intellectual property : Case study

Intellectual property : Case study

Taita Basket: A New Identity for Basket Weavers in Kenya {GI and Appellations of Origin, Trademarks} September 3, 2019 VI Semester Jan 2020 Shikhar Bhardwaj

Taita Basket A branding project using intellectual property (IP) supported a community of female basket weavers in Kenya’s Taita Taveta County in acquiring a collective mark.

Strategic IP tool • • • • •

developing their regional brand command higher prices increase sales improve their standards of living implemented quality standards

Will help the mark receive recognition as a quality brand in the market.

“Taita Baskets” are sisal baskets handwoven by women in Taita Taveta County. They are laboriously crafted in a traditional way from the thin sisal fibers. The basket weavers usually consist of small groups of women, most of whom are middle-aged or elderly.

Problems • • • •

basket weaver to find new customers on her own going long distances to promote their products eliminating brokers was a part time job

Solution Branding these baskets would be a meaningful way to preserve this particular tradition of high-quality basket-making.

The Taita Taveta County Government was committed to moving the branding project forward in order to support the basket weavers in transforming the activity from a part-time job to a business.

Forming a collective Once, there was an attempt by a certain group to register the trademark “Vidasi”, which means “Basket” in local Taita language. They needed an IP tool which could be used by the whole community, such as a collective mark or certification mark under the Trade Marks Act of Kenya, which Kenya uses to protect regionally branded goods. The Taita Taveta County Government preferred establishing a collective mark rather than a certification mark. The association was registered as “Taita Baskets Association” with the Office of the Attorney General and Department of Justice on November 18, 2016.

The Association believed quality standards to be a crucial element of a successful brand.

Preserving traditional knowledge

Not only would the formation of an association enable basket weavers to enjoy the benefits of economies of scale and make their baskets more competitive, it is also expected to help preserve their regional tradition of basket making.

The main difference is that collective trademarks may be used by particular members of the organization which owns them, while certification marks may be used by anybody who complies with the standards defined by the owner of the particular certification mark.

One year from start to completion

The collective mark was registered with the Kenya Industrial Property Institute (KIPI) on April 3, 2017. The Nice classifications under which the mark was registered include class 20 (baskets not made of metal) and class 21 (baskets for domestic use).

Although the name “Taita Basket” has previously been in use, the actual collective mark registered with KIPI is unfamiliar to consumers. The basket weavers need to continue to use the mark until it accumulates enough good will and the mark becomes recognized as a quality brand by consumers. That said, by having introduced quality standards, customers can expect a certain level of quality even though the mark is new. This is part of the added value that the mark represents.

“Taita Basket” collective mark (KIPI Registration No. 94134)

A new beginning The branding project has now ended, but the story goes on. Not only did more than 400 basket weavers in Taita Taveta County learn about the IP system, but they also became active users. The association now holds a collective mark as their own IP for developing their newly established regional brand. It may be some time before the collective trademark “Taita Basket” becomes familiar to consumers as a regional brand of quality. However, once the quality of the brand is well known, it will help to justify the fair prices that the baskets warrant, bring more profit to the basket weavers, and improve their quality of life. In this sense, one can say that the work of the Taita Baskets Association to foster a regional brand has only begun.