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Geneva rhetoric, national reality: Implementing TRIPS obligations in Kenya

Dwijen Rangnekar

CSGR Working Paper 241/08

March 2008



The article is about implementing obligations to article 27.3(b) of the Agreement on Trade Related Aspects of
Intellectual Property. Using Kenya as a case study, the article seeks to explore how the latitude and space
available in article 27.3(b) has been translated into the domestic architecture of law. At the TRIPS Council,
Kenya locates article 27.3(b) in a wider frame of distribute justice using norms and principles in other
multilateral agreements. However, its domestic law fails to reflect this rhetoric. As such, the latitude and space
in article 27.3(b) was diminished by Kenya’s accession to UPOV.

Keywords: TRIPS Agreement, plant variety protection, Kenya

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Centre for the Study of Globalisation and Regionalisation (CSGR)

University of Warwick
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