American Companies Issue Conditions to Back Proposed US-Kenya Trade Deal

American companies operating under the International Intellectual Property Alliance (IIPA) are ready to back the proposed free trade agreement (FTA) between Kenya and the US but on certain conditions.

The alliance, in a letter to Trump’s administration, said Kenya must first enact strong intellectual property laws for it to support the trade deal being negotiated among the two countries.

The companies comprising film, software and book distributors want Kenya to fix its weak copyright laws and guarantee the protection of their patents and trademarks before the FTA is inked.

“The protection of the copyrights will essentially put money into the pockets of authors, producers, and all creators,” IIPA says in their letter.

“Yet Kenya’s copyright legal and enforcement frameworks remain deficient, and piracy, particularly online, remains a significant barrier for the creative industries in Kenya.”

Although Kenya amended its Copyright Act last year to provide rights holders with some more protections, IIPA has raised questions over whether the protections meet the required international standards and best practices. 

“These negotiations should be a catalyst for the Government of Kenya to take the necessary steps to modernize Kenya’s copyright legal and enforcement regimes, and improve its marketplace for legitimate digital trade in copyright-protected materials,” the lobby adds.

IIPA, a US private sector coalition, was formed in 1984 and represents over 3,200 US companies that produce and distribute copyrightable content.

“IIPA is hopeful that the US-Kenya negotiations will both build on the positive achievements of the US-Mexico-Canada Agreement (USMCA), and depart from certain provisions that are problematic. If this is accomplished, the Agreement can set the bar for a high-level agreement that is truly built for the digital age, including much-needed copyright protections and enforcement provisions.”

In March, the US government invited American and Kenyan companies to submit their views on the proposed trade agreement.

Kenyan companies under their lobby, Kenya Private Sector Alliance (Kepsa), have backed the trade pact, saying it would open more export and import opportunities for them and their US counterparts.

Kepsa dismissed fears that such an agreement would open the floodgates for cheaply-produced US goods, thus killing their businesses and urged Kenyan officials to expedite negotiations with the US.