Protecting Ghana’s intellectual property rights in kente textiles: the case for Geographical Indications

Abstract

This article considers the case for geographical indication (GI) to protect Ghana's cultural heritage and presents a case study involving kente, a cultural expression of Ghana's folklore which dates back over 300 years. Kente refers to colourful, handwoven strips of fabric, combined by Ghanaian weavers among certain ethnic groups and communities. Its colours and unique designs have made it the best known of all Ghanaian, and perhaps even all West African textiles. Every design and colour has a distinct name and a meaning which is characteristic of the community in which it is produced. The case study sets out a preliminary analysis of the misappropriation and counterfeiting of the kente cloth by third parties and other countries and the need for a more comprehensive form of intellectual property right (IPR) protection for kente due to the inadequacies of its current IPR protection system. The analysis has wider implications for Africa's cultural heritage as the African Union and European Union have developed and desire to implement a continental strategy for developing geographical indications (GIs) in food and non-food products in Africa (AU-EU Continental Strategy). The research presented is important as it presents the EU’s contribution to the development of GIs to protect African's cultural heritage.