Fostering Innovation In The Workplace: The Role Of Technovation Certificates In Kenya.
If an employee innovates or creates an invention at work as part of their job duties, the employer typically owns the rights to that invention. Similarly, if an invention is developed using the employer’s resources, facilities, or within the scope of the employee’s job responsibilities, the employer is generally considered the rightful owner of the product or intellectual property. This principle is often reinforced by employment contracts, which may include specific clauses assigning intellectual property rights to the employer. However, what happens when an employee goes over and above his responsibilities resulting in an invention that supersedes the level of creative invention and contribution expected in the day-to-day duties of the employee’s role?
If an employee develops a technological solution that revolutionizes how the company does business and that can be replicated in other businesses and is outside the normal expected duties of an employee in that position, they could have developed a technovation and may be eligible to register for and get a technovation certificate.
What Is A Technovation?
The industrial Property in Section 94 defines a technovation as “a solution to a specific problem in the field of technology, proposed by an employee of an enterprise in Kenya for use by that enterprise, and which relates to the activities of the enterprise but which, on the date of the proposal, has not been used or actively considered for use by that enterprise”
Registering a technovation is one way that employees who go above and beyond their regular responsibilities in creating innovative, scalable and replicable solutions to problems in an industry can receive recognition for their creativity. For example, let’s imagine a company in Kenya that manufactures and sells household cleaning products. An employee notices that the company’s current method for mixing the same cleaning solutions is time-consuming and inefficient. An employee comes up with an idea of a new type of automated mixer that can speed up the process and ensure consistent quality in the products. This can be considered a technovation as the idea is specific to the company’s needs and has not been used or actively considered by the company before. This proposed solution qualifies as it provides a new solution to an existing problem within the company’s technological processes.
How Is A Technovation Registered
The process of registering a technovation certificate is a collaboration between the employee and the employer. The first step in registering the technovation is that the employee must file a written request for the certificate with the employer. The employer will assist the employee in filing this request and provide a receipt acknowledging that the request has been filed, including the date it was submitted
Step two is that the employer is required to confirm whether the innovation by the employee meets the standards set in the Industrial Property Act, these are ;
- The innovation addresses a specific technological problem in the business,
- The Innovation is proposed by an employee for use within the business,
- The innovation relates to the business’ activities, and
- The innovation is a novel solution not previously used or considered by the business.
Once the employer ascertains that the innovation meets the requirements, they must issue the employee with the technovation certificate within 3 months and the employee is entitled to receive a standard payment for the use of the innovation by the employer
If the employer believes the requirements have not been met, it may refuse to issue the certificate. In such a case, the business must notify the employee of the reasons for the refusal within the same three-month period.
Conditions Governing The Use Of Technovations
When the enterprise issues a technovation certificate and intends to use the technovation, the technovator must be notified of that decision in writing. If the decision to use the technovation depends on practical testing, the enterprise will inform the technovator accordingly and may postpone its decision for up to one year from the proposal date.
Upon issuance of the technovation certificate, the technovator is obligated to assist the business to the best of their ability in any testing, development, or use of the technovation. The Act insists that the business must provide sufficient opportunity for the technovator to provide this assistance.
Once the technovation certificate has been issued, the technovator may not disclose their technovation to anyone else or use it with any other party except for the business. When the business uses the technovation or if it shares it with a third party, the technovator is entitled to receive payment. This remuneration acknowledges the technovator’s contribution and innovation.
In the absence of a collective bargaining agreement that outlines specific terms, the amount and method of payment between the employer and employee these factors must be negotiated and agreed upon by both the technovator and the company. This ensures that both parties have a fair understanding and agreement regarding the compensation for the technovation. The process of negotiation in intended to allow for flexibility and fairness, catering to the unique circumstances of each case. The Industrial Property Act in Section 100 goes ahead to make a special provision to protect technovators providing that any contractual provision which is less favorable to the employees or technovators than the provisions of part XIV of the Act that outlines the relationship above be null and void.
Resolution Of Disputes Around Technovations.
Disputes regarding technovations are resolved through arbitration. In the event of a dispute between the parties, an arbitration board will be formed, consisting of three members: one selected by the technovator, one chosen by the employer, and a third mutually agreed upon by both parties. If an agreement on the arbitrators cannot be reached, a resident magistrate will appoint them. Appeals to the decisions of the arbitrators are made to the Industrial Property Tribunal.
Conclusion
Technovations are an interesting and efficient way of empowering employees to innovate as well as gain recognition and monetary benefit from their innovations. They act as a way to motivate employees to go above and beyond to streamline services and improve products thus pushing the boundaries of what is possible in the technical and procedural aspects of their roles. By providing these incentives, technovations promote innovation and foster a competitive environment within markets. They serve as a useful way to encourage employees to go above and beyond and grow globally competitive businesses.
BY: ANNE GATHIRWA
For more insights pertaining to this matter, you can reach the writer at annegathirwalaw@gmail.com. You can also contact us at MMS Advocates, Lower Duplex Apartments, LOWER HILL ROAD, or email us at info@mmsadvocates.co.ke.