Tuesday, 28 May 2013

Brand Maasai: Why nomads might trademark their name



A young Maasai girl
Imagine a Maasai warrior, or a Maasai woman adorned with beads - it's one of the most powerful images of tribal Africa. Dozens of companies use it to sell products - but Maasai elders are now considering seeking protection for their "brand".
Dressed in smart white checked shirt and grey sweater, you'd hardly know Isaac ole Tialolo is Maasai.
The large round holes in his ears - where his jewellery sometimes sits - might be a clue, though.
Isaac is a Maasai leader and elder. Back home in the mountains near Naivasha, in southern Kenya, he lives a semi-nomadic life, herding sheep, goats, and - most importantly - cattle.
But Isaac is also chair of a new organisation, the Maasai Intellectual Property Initiative, and it's a project that's beginning to take him around the world - including, most recently, London.

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 Isaac ole Tialolo
People need to understand the culture of the others and respect it”
"We all know that we have been exploited by people who just come around, take our pictures and benefit from it," he says.
"We have been exploited by so many things you cannot imagine."
Crunch time for Isaac came about 20 years ago, when a tourist took a photo of him, without asking permission - something the Maasai, are particularly sensitive about.
"We believed that if somebody takes your photograph, he has already taken your blood," he explains.
Isaac was so furious that he smashed the tourist's camera.
Twenty years later, he is mild-mannered and impeccably turned out - but equally passionate about what he sees as the use, and abuse, of his culture.
"I think people need to understand the culture of the others and respect it," he says.
"You should not use it to your own benefit, leaving the community - or the owner of the culture - without anything."
"If you just take what belongs to somebody, and go and display it and have your fortune, then it is very wrong. It is very wrong," he says.
Maasai warriors dancing
According to Light Years IP - an NGO which specialises in securing intellectual property rights in developing countries - about 80 companies around the world are currently using either the Maasai image or name.
These include a range of accessories called Masai made for Land Rover; Masai Barefoot Technology, which makes speciality trainers; and high-end fashion house Louis Vuitton which has a Masai line, including beach towels, hats, scarves and duffle bags.

Find out more

  • Ron Layton spoke to The World, a co-production of BBC World Service, Public Radio International and WGBH in Boston
  • The World airs weekdays on more than 300 radio stations across the US and Canada
"It's almost certainly the biggest cultural brand in the world," argues Ron Layton, the founder and head of Light Years IP.
"It ranks right up there. It's a serious brand.
"Those companies may be using the Maasai brand in ways that really do enhance their business, so it's reasonable for the Maasai to say, 'Well, why aren't you coming to talk to us? Why aren't you asking our permission? Why don't you engage with us?'" says Layton.
But the reality is there has never been a single, unified Maasai body for companies to approach to seek permission - though that could soon change.

Some basics of Maasai culture

A Maasai woman
  • Maasai are semi-nomadic
  • Live in small villages called manyattas, made up of mud huts arranged in a circle
  • They speak Maa
  • Cattle is very important and a sign of status
  • Traditional diet is meat, milk and cattle blood
  • Women are referred to as "mamas"
  • Men are "moran" - or warriors - after an initiation that lasts about seven years
  • "If an idea is good, it will be copied and followed": Maasai proverb
Light Years IP is involved in a niche - but growing - area of development policy, known as "intellectual property value capture".
The argument is that intellectual property rules offer the potential to provide a valuable source of income for people in developing countries, who tend to get only a small sliver of the profits made on their goods on the international market.
If the Maasai "brand" were owned by a corporation, it would be worth more than $10m (£6.6m) a year - perhaps even "tens of millions", according to Layton. How much of this the Maasai might be able to claim would be up to negotiation.
"It's time the world sat up and took notice," says Lord Boateng, a member of the UK's House of Lords, whose grandfather was a cocoa farmer in Ghana. "It's an idea whose time has come."
Boateng is on the board of directors of the newly-created African IP Trust, which has taken on the Maasai as one of its first cases.
"They are not getting value. Their image is being abused," says Boateng.
"The Maasai are an ancient and sophisticated people - they know they are being ripped off and they want this to stop."
It is not yet certain that the Maasai will choose to pursue intellectual property protection - Maasai elders like Isaac ole Tialolo want to be sure that the whole community is on board first.
Together with Light Years IP, he has been travelling around Maasai areas holding meetings and workshops.
A map showing where the Maasai live
It's a huge task - according to some estimates, there could be as many as three million Maasai, in 12 districts, spread across a vast swathe of Kenya and Tanzania.
So far, they have reached about 1.2 million people.
Once the consultation is complete - and if the Maasai choose to go forward - the plan is to create a General Assembly of Maasai elders, trained in IP, who would act as a legal body specifically on this issue, negotiating with companies via a licensing agent, on a case-by-case basis.
A large group of Maasai women learning about intellectual property IP workshops have already taken place in many Maasai communities
That's the dream at least. But according to some lawyers the Maasai case is not especially strong in terms of international property law.
"They are on a sticky wicket with the law," says Ben Goodger, an expert on international IP law and a partner at the law firm Edwards Wildman Palmer.
IP law, he says, has been designed for new businesses and people creating innovations - and it's not really well-suited to this kind of case.
Patents, for example, would offer little or no protection to the Maasai, because the product or service has to be new.

Africa's "intellectual property"

The most well-known case that light Years IP has worked on was in Ethiopia, where they helped secure, first a voluntary code, and then trademark protection, for three types of Ethiopian coffee - Harrar, Sidamo and Yirgacheffee.
It put them on a collision course with Starbucks, who initially refused to agree to the code - but changed tack after the Ethiopian farmers were backed by Oxfam and others.
They have dozens of projects in the pipeline - including with shea butter producers in Uganda, tea growers in Kenya, and Madagascan cocoa farmers.
Trademarks could potentially offer a better route. But trademarks are issued on a first-come-first-served basis, and a number of companies have already got trademarks for use of the Maasai name or image.
"It looks to me like they have got some quite powerful opponents," says Goodger. "Those guys may not just give that up easily."
The idea of cultures seeking IP protection is not an entirely new one - the Native American Navajo recently brought a case against the clothes company Urban Outfitters, for use of their name.
But perhaps the best parallel with the Maasai is the case of Aborigines in Australia who, 15 years ago, secured a voluntary code that governs use of their cultural and intellectual property.
Voluntary codes can be just as powerful as legal routes, argues Ron Layton.

"Brand" Maasai

Maasai jewellery
Bruce Webster, independent branding consultant:
"It's very powerful. It's full of meaning - it's the heart of Africa, it's the real Africa, it's unspoilt landscape, it's enormous open spaces, and a proud and independent people.
"It symbolises the original Africa from which man came. It's throwing off the trappings of Western society and going back to a lifestyle we all share.
"It's perfect for branding products that are about adventure and rugged outdoors - so that gives you vehicles, clothes, equipment and luggage. Hot weather clothing would be brilliant.
"It also evokes colour and certain types of design in fabric, textiles and jewellery."
They are useful in creating an industry norm, which can serve as a kind of name-and-shame tool for those who don't sign up.
"That's very clever. That's exactly what they should do," says Bruce Webster, an independent international branding expert.
"Then it's a proud, ancient people against exploitative Western multinationals - and they'll win the PR battle absolutely."
For the moment, the Maasai are not going after any companies - though they have written to a number, in cases where they have found the use of their name or image to be particularly offensive.
They are sensitive about the portrayal of their bodies, for example, and they don't like images of their jewellery used inappropriately.
Each colour of bead has a special meaning.
"This, we call it norkiteng," says Isaac, holding up a circular necklace with threaded beads hanging down from points of the circle.
It is given as a gift to a new bride. Used in some commercial contexts it can seem disrespectful.
Two Maasai men walk in front of a mountain
"It offends me because they don't know the meaning - they misuse it," says Isaac.
If the Maasai do take control of their brand, large sums of money could suddenly start flowing into the community.
"The Maasai have been already been branded like there's no tomorrow, but they haven't seen the benefits," says Duncan Green, senior strategic adviser for Oxfam GB. He supports the IP campaign in principle, but warns there could be problems, without a system in place to ensure the money is used fairly.

Maasai in the news

Maasai cricketer
It's an issue the Maasai have thought about. The proposed General Assembly of elders would, it has been suggested, be underpinned by a constitution specifying how the money should be distributed and used.
But for Isaac at least, it is not primarily about the money. "What matters is the respect," he says.
He has hosted a series of live phone-ins in the indigenous Maa language - and the phones have been buzzing.
To Western ears, it might sound counter-intuitive for the Maasai to be hotly debating notions such as intellectual property, copyright and trademarks - such emblems of modern capitalism.
But, says Isaac, though these may not be terms they are familiar with, the Maasai have a strong sense of ownership of their culture - and a visceral sense of violation where they feel their image has been misused.
"People are very excited, very excited. They are asking every day, 'When is it going to happen? When is it going to happen?' It's something that is spreading like fire all over the community."

Everest crowds: The world's highest traffic jam



Climbers in a "traffic jam" on Everest in May 2012A "traffic jam" of climbers en route to the summit
Six decades after it was conquered, mountaineers complain that the summit of Mount Everest has become virtually gridlocked with climbers. How did the world's highest mountain become so congested?
In May 1953 Edmund Hillary and Tenzing Norgay stood alone together at the very top of the world.
Nowadays, the same spot is rather less desolate.
Thanks to advances in mountaineering equipment and the indefatigable efforts of Sherpa guides, more climbers than ever are reaching the peak of Mount Everest - a landmark that was once believed to be impossible to surmount.
According to National Geographic, in 1990 18% of summit attempts were successful. By 2012 that figure stood at 56%.
But this has come at a cost. Critics say the summit has become as congested as a five-lane motorway during bank holiday weekend.
On a single day in 2012, no fewer than 234 climbers reached the peak. By contrast, as recently as 1983 the most successful ascents in a single day was eight, and a decade later that figure stood at 40.
Everest graph
This year some complained of waiting two-and-a-half hours in queues at bottlenecks on their way to the summit.
striking photograph by German mountaineer Ralf Dujmovits - which showed a queue hundreds-long snaking its way up during 2012 - ignited a debate about whether the procession was ruining enjoyment of the ascent.
Westerners can pay anything from $10,000 (£6,600) to $100,000 (£66,000) for permits to climb the mountain and guides to accompany them, and a sizeable tourist industry has sprung up around the base - bringing with it complaints about litter and poor sanitation for miles around.
"There were just people everywhere," says Ayisha Jessa, 31, a keen climber from London who recently visited Everest's base camp. At the nearby village of Namachi, she says, "it's completely commercialised - everything is intended for the Western traveller".
For many serious climbers, all this has served to devalue Everest.
"It isn't a wilderness experience - it's a McDonald's experience," says Graham Hoyland, an experienced mountaineer and author of The Last Hours on Everest, an account of the ill-fated 1924 ascent by George Mallory and Andrew Irvine.
Sherpa collecting rubbish left by climbers in 2010
Advances in weather forecasting mean climbers time their attempts to the same few days each year, worsening the bottlenecks. A better understanding of altitude sickness has also helped more mountaineers ascend 8,848m (29,029ft) to the summit.
For their financial outlay, Westerners are given a plentiful supply of oxygen and, very often, a Nepalese mountain guide assigned specifically to ensure they get to the top.
The tour parties also ascend using fixed ropes, which help less accomplished climbers but are believed by many elite mountaineers to detract from the sport.
Thanks to all this assistance, more than 3,000 individuals have scaled the mountain since 1953.

How science made Everest easier

closed circuit oxygen
Mount Everest was once the domain of elite mountaineers.
Technical advancements, increased safety and decreased cost have seen growing numbers attempt to scale the world's highest mountain.
How has science made Everest an easier mountain to climb?
They include Californian Jordan Romero, who in 2010 became the youngest person to climb Everest aged 13, and 80-year old Yuichiro Miura from Japan, who set the most recent record for the oldest summiteer. An 81-year-old, Nepalese Min Bahadur Sherchan, is attempting to snatch Miura's title.
"Normally, as long as they are not too ill or too weak, nearly everyone - if they have enough money and patience - can get up Everest," says Eberhard Jurgalski, who has attempted to chronicle every Everest ascent since 1953.
"Also, if the weather hasn't been good for a few weeks it becomes much more crowded on the days you can climb."
Some worry that the influx of inexperienced climbers on to such potentially hazardous terrain could have tragic consequences.
"You have people going up there who don't know how to operate the ropes or use the crampons," says Hoyland. "There's a huge disaster waiting to happen."
In 1996, eight people died within 36 hours near the summit. In 2012, some 10 lives were lost on the mountain, three of them Sherpas.
Chart showing numbers of climbers and deaths
So it's not surprising that tensions have built up.
According to Hoyland, experienced climbers have grown frustrated that long queues of amateurs using fixed ropes are slowing them down.
Tempers on the mountain boiled over in April when a scuffle broke out at 7,470m (24,500ft) between two well-known European climbers, Ueli Steck and Simone Moro, and a group of Nepalese mountain guides.
While complaints are still made about litter and human waste on the mountain, a series of clean-up expeditions has improved the environmental situation, Hoyland says.
But as Nepalese authorities face calls to take further action, proposals to remedy Everest's congestion have sharply divided climbers.
One expedition company has suggested installing a ladder at the Hillary Step, a rocky outcrop just before the summit, where only one person can go up or down at any one time. But purists complain this would lessen the challenge of scaling the mountain.
Mountaineers on Hillary StepMountaineers wait their turn at the Hillary Step
Another proposed solution would be to limit the number of climbers. Until 1985, the Nepalese authorities allowed only one expedition on each route to the summit at any one time, and in theory this practice could be revived.
Others suggest, candidates for a permit could be required to undergo training or at least demonstrate mountaineering experience. "If everyone going up had at least a little bit of an idea about the culture of climbing, that would make a big difference," says Hoyland.

Previously in the Magazine

Base camp sign
But the notion of imposing quotas sits uneasily with many in the free-spirited world of mountaineering.
Sir Chris Bonington, who reached the summit aged 50 in 1985, says he is grateful that he was there at a time when crowds were restricted.
However, while he believes there is much that can be done to improve Everest's management, he feels uneasy with the idea of denying to others the opportunity he enjoyed.
"If you say there are only 100 or 200 people coming each year, that's a lot of people who will never be able to share the incredible personal experience of getting to the top of the mountain," Sir Chris says.
Restricting the number of visitors would also have a major impact on those who rely on tourism for their income.
"It's a mountain that people live on, and the local community is completely supported by the climbers," says Jessa.
The debate will rumble on. And as long as the memory of Hillary and Norgay's achievement persists, the crowds will keep coming.

Briton dies in snorkelling accident


Perhentian IslandsThe Perhentian Islands are off the north-eastern coast of West Malaysia
A British woman has died in Malaysia after reportedly being hit by a boat while snorkelling.
The Foreign Office confirmed that Madaline Cole died off Perhentian Bersar Island on 27 May.
She was struck by a boat's propeller, Malaysia's state news agency Bernama reported. Malaysian police are investigating.
Consular assistance was being provided to her family "at this difficult time," a Foreign Office spokesman said.
An Australian male companion was also injured.
Besut police chief Superintendent Kamaruddin Mohd Zakaria said the woman died while being taken for treatment by the boat operator involved, Bernama reported.
She had serious injuries to her legs and torso.
Perhentian Bersar is part of the Perhentian Islands, about 10 nautical miles off the north-eastern coast of West Malaysia in the state of Terengganu.

South Korea suspends more nuclear reactors over unapproved parts


South Korea's Knowledge Economy Minister Hong Suk-woo at a press conference, 5 November Knowledge Economy Minister Hong Suk-woo said in November 2012 that "non-core" parts were affected

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South Korea has suspended operations at two more nuclear reactors over the use of unauthorised parts.
The Nuclear Safety and Security Commission also delayed the start of operations at two other reactors, but said there was no public safety threat.
Two reactors were suspended in late 2012, amid a scandal over parts with fake safety certificates.
South Korea has 23 nuclear reactors which supply about a third of its electricity needs.
The suspension of two reactors raised questions about power supply over the summer, local media said.
Engineers jailed
The two reactors to be suspended pending replacement of the unauthorised parts are the Shin Kori Reactor 2 and Shin Wolsong Reactor 1, the commission said.
Shin Kori Reactor 1, which is currently undergoing maintenance, and Shin Wolsong Reactor 2, a new reactor, will also not operate until parts are replaced.
All components used in South Korean nuclear reactors require specific certification.
But last year a minister revealed that some parts used in two reactors at the Yeonggwang nuclear plant had not been properly vetted.
Knowledge Economy Minister Hong Suk-woo said these were "non-core" parts that included fuses, cooling fans and power switches - items which could be used in other industries but needed international certification for nuclear power plant usage.
Earlier this month, six nuclear power engineers and suppliers were jailed in connection with the supply of components with forged safety certificates mainly to the Yeonggwang complex.

Russian arms 'to deter foreign intervention in Syria'


Amid the diplomacy, opposition activists told the BBC they had documented the deaths of more than 200 people in a massacre earlier this month
Russia says it will go ahead with deliveries of S-300 anti-aircraft missiles to Syria, and that the arms will help deter foreign intervention.
Deputy Foreign Minister Sergei Ryabkov said the missiles were a "stabilising factor" that could dissuade "some hotheads" from entering the conflict.
Russia also criticised an EU decision not to renew an arms embargo on Syria.
Meanwhile, the BBC has heard evidence that 200 people were killed in a massacre in western Syria this month.
Opposition activists said they had documented the civilian deaths in al-Bayda and Baniyas after government troops and militias entered the towns.

Analysis

While the lifting of the EU arms embargo is theoretically good news for the fractious Syrian opposition, it is clearly going to be some time before it has any effect on the battlefield balance. Its authors hope the decision itself will send a strong enough signal to the Assad regime that it is time to hand over power.
That is extremely unlikely. It is hard facts on the ground that count, for a regime that has shown every sign of determination to fight to the end to stay in power. While European arms supplies remain for the moment theoretical, the step has stirred an angry reaction - possibly even an escalation - from the Russians.
They've said the move has jeopardised efforts to convene a peace conference, and that they plan to honour a prior contract to supply Syria with advanced S-300 air defence missiles. Israel sees that as a threat to its own security, and has warned that it "would know what to do."
As the Syrian conflict deepens, the stakes are clearly getting higher by the day. But for the rebels at least the eventual possibility of carefully-controlled arms deliveries is there, in what looks like being a bloody, long-haul struggle.
'We know what to do'
Mr Ryabkov said the contract for the S-300 missile systems had been signed several years ago.
"We consider these supplies a stabilising factor and believe such steps will deter some hotheads from considering scenarios that would turn the conflict international with the involvement of outside forces," he was quoted as telling journalists.
Russia's envoy to Nato, Aleksandr Grushko, said Moscow was acting "fully within the framework of international law", in delivering the arms.
"We are not doing anything that could change the situation in Syria," he said. "The arms that we supply are defensive weapons."
The BBC's Jim Muir in Beirut says the Russian statement could be seen as an escalation. He says there had been reports that Moscow was holding back on delivering the arms, in exchange for an Israeli commitment not to carry out further air raids over Syria.
Israeli Defence Minister Moshe Yaalon said the Russian missile systems had not yet left Russia.
"I hope they will not leave, and if, God forbid, they reach Syria, we will know what to do," he said.

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Numerous pictures and videos that appear to show the aftermath of Baniyas are horrific - the women we interviewed described similar scenes”
Russia has repeatedly blocked efforts to put more pressure on Syrian President Bashar al-Assad.
Along with the US, it has been leading efforts to organise an international peace conference on Syria next month.
The Syrian opposition has not said whether to attend the conference, and was locked in talks in Istanbul, Turkey, as an unofficial deadline to decide on its attendance passed.
'Clear signal'
On Monday, the EU said member states would be able to decide their own policy on sending arms to Syria, after foreign ministers were unable to reach the unanimous decision required to extend the current arms embargo past Saturday.
However, in a declaration announced after 12 hours of talks, it agreed not to "proceed at this stage with the delivery" of equipment.
The EU's Foreign Affairs Council is to review this position before 1 August, in light of fresh developments to end the conflict including the ongoing US-Russia peace initiative.
The EU embargo, first imposed in May 2011, applies to the rebels as much as the Syrian government.
Britain and France had been pressing for the ability to send weapons to what they call moderate opponents of President Assad, saying it would push Damascus towards a political solution to the two-year conflict.

Syria's Russian-made military

  • Nearly 5,000 tanks; 2,500 infantry fighting vehicles; 2,500 self-propelled or towed artillery units
  • 325 Tactical aircraft; 143 helicopters
  • Nearly 2,000 air defence pieces
  • 295,000 active personnel; 314,000 reserve personnel
Statistics: IISS
Other EU states had opposed sending arms.
A spokesman for UK Prime Minister David Cameron said the decision sent an unambiguous message to President Assad.
"We are sending a signal loud and clear to the regime and being very clear about the flexibility we have if the regime refuses to negotiate," he said.
George Jabboure Netto, a spokesman for the opposition Syrian National Council said the dropping of the arms embargo was a "step in the right direction", though a spokesman for another grouping, the Syrian National Coalition, said the move might be "too little too late".
Mr Ryabkov said Russia was disappointed by the decision. "This directly harms the prospects of convening an international conference," he said.
More than 80,000 people have been killed and 1.5 million have fled Syria since the uprising against Mr Assad began in 2011, according to UN estimates.

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