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The US-Kenya FTA: What to look out for in Digital Trade and IP Chapters

October 26, 2020 • 17 min

In continuing with our series on the US-Kenya FTA, this week’s episode grapples with some of the main areas, that may be included in the FTA, that we are pondering on in digital trade and intellectual property. The host for this episode is Dr. Melissa Omino, and the guests are Abdulmalik Adan and Joanna Kahumbu.

Agreements mentioned:

TRIPS - https://www.wto.org/english/docs_e/legal_e/27-trips.pdf

Japan-US FTA - https:// www.mofa.go.jp/files/000527401.pdf

Update on the US Kenya FTA materials:

US Negotiation Objectives : https://ustr.gov/sites/default/files/Summary_of_U.S.-Kenya_Negotiating_Objectives.pdf

Kenya Negotiation Objectives: http://www.industrialization.go.ke/index.php/kenya-usa-free-trade-area-agreement

Information on the virtual first phase of negotiations: http://www.industrialization.go.ke/index.php/kenya-usa-free-trade-area-agreement/580-joint-statement-between-the-united-states-and-kenya-on-the-launch-of-negotiations-towards-a-free-trade-agreement

References:

Digital Economy Blueprint, 2019 - https://ca.go.ke/the-digital-economy-blueprint/

Draft Digital Economy Strategy, 2020 - https://ict.go.ke/wp-content/uploads/2020/08/10TH-JULY-FINAL-COPY-DIGITAL-ECONOMY-STRATEGY-DRAFT-ONE.pdf

National ICT Policy, 2019 - https://www.ict.go.ke/wp-content/uploads/2019/12/NATIONAL-ICT-POLICY-2019.pdf

Data Protection Act, 2019 - http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/2019/TheDataProtectionAct__No24of2019.pdf

Finance Act, 2019 - http://kenyalaw.org/kl/fileadmin/pdfdownloads/AmendmentActs/2019/FinanceAct_No23of2019.PDF

Finance Act, 2020 - http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/2020/TheFinanceAct_No.8of2020.pdf

Comments submitted to USTR : https://www.regulations.gov/docketBrowser?rpp=25&so=DESC&sb=commentDueDate&po=0&D=USTR-2020-0011

Knopt H, ‘The cost of Canadian IP Capitulation in NAFTA’, Excess Copyright, 01 October 2018, http://excesscopyright.blogspot.com/2018/10/the-cost-of-canadian-ip-capitulation-in.html?m=1

Music details: Fuzzball Parade by Kevin MacLeod
Link: https://incompetech.filmmusic.io/song/5044-fuzzball-parade
License: http://creativecommons.org/licenses/by/4.0/

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.css-14f5ked{margin:0;word-break:break-word;display:-webkit-box;-webkit-box-orient:vertical;box-orient:vertical;-webkit-line-clamp:2;overflow:hidden;}The US-Kenya FTA: What to look out for in Digital Trade and IP Chapters