FAQs

MAASAI

Who are the Maasai?

The Maasai are a Nilotic, tribal people of approximately 3 million who live across northern, central and southern Kenya and northern Tanzania. They are regarded as the most recognizable amongst African tribes, known for their courage, strength and community. The Maasai rely on cattle as a measure of richness, thus the diminishing of their grazing lands by national parks and changes in land ownership have decreased their livelihoods. They speak Maa (traditional Maasai), Swahili and English.

Why are the Maasai different?

The Maasai have resisted assimilation into national cultures preferring to maintain their traditional ways. As such, they are often the group tourists crave to see in Africa, as presenting traditional Africa.  This allegiance to their culture is also what makes them highly valuable to corporations seeking to promote ‘traditional’ values; courage; strength and honour. Up until recently, for example, the coming of age for a Maasai young man was to kill a lion without a gun. Though now prohibited, it exemplifies the values that corporations seek.

The Maasai also hold to a male-dominated society with polygamy as the riches of a man rest upon the numbers of cattle and children he has. While there are many educated Maasai and businessmen and many city dwellers, the traditional Maasai still hold fast to their cultural roots of the 18th century.

What is the story so far?

The Maasai approached the NGO, Light Years IP to ask if LYIP could assist them in their protests about the way their photos were being used inappropriately in 2009 at the World Economic Forum. LYIP is known for enabling groups such as Ethiopian fine coffee farmers to regain ownership of their name and brand for significant revenue from the IP Trademark and licensing rights. To help the Maasai, the following has been completed:

• Significant research into the use of the Maasai name and brand was conducted showing revenue streams to over 1,000 companies using the Maasai name to promote their products ranging from high-end companies such as Jaguar Landrover and Louis Vuitton to coffee and tourism

• A significant grant from Comic Relief enabled the training of the Maasai about their IP rights over 3 years

• Maasai across Kenya and Tanzania received 2-day training and certificates showing their understanding of IP and details to form their legal entity. This to ensure that the IP is owned collectively and not individually

• Nearly 1 million Maasai across Kenya and Tanzania have been reached to learn about IP and how to own and manage IP revenue

• The legal entity of the Maasai Intellectual Property Initiative (MIPI) was formed, inclusive of Kenyan and Tanzanian lawyers and law firm, Hogan Lovells of London

  A board of directors of Maasai men and women oversee MIPI and have met regularly in Namanga, Tanzania for 6 years.  This is on the border of Kenya and Tanzania to represent the inclusiveness of Maasai legally and communally from both countries

• Radio broadcasts have been conducted by MIPI Chair, Isaac ole Tialolo, reaching many Maasai

• Maasai have spoken on Kenyan national television; the BBC; and the Maasai Initiative covered by the Financial Times and NPR as representative not only of the 3 million Maasai but with implications for the nearly 6% of the world’s population who are indigenous

Who leads the Maasai? 

The Maasai IP Initiative (MIPI), is the legal entity of the Maasai registered in Nairobi, Kenya and overseen by the Chairman, Chief Isaac ole Tialolo. There are 12 elected board members representing the 12 Maasai districts of Kenya and Tanzania. The Maasai constitution ensures that the allocation of revenue is transparent to representatives of all Maasai districts, clans, elders and leaders and all Maasai NGOs and CBOs, in order to provide checks and balances on the use of revenue.

The Constitution includes the manner in which revenue will be distributed for community projects selected and voted upon by the Maasai board, including men and women.

Maasai Partners, this UK company, works directly with the Maasai IP Initiative.

 
How do we prevent disputes from happening between different Maasai groups?

The Constitution addresses a clear process for revenue distribution. The Maasai have worked together over many years of conflict with land being taken; poverty amongst them and have, for a century established a good, solid peaceful working order. We are building upon this.

For 8 years, the Maasai have been trained and organised across Kenya and Tanzania into a legal entity, the Maasai IP Initiative (MIPI), registered in Kenya and Tanzania, chaired by Issac ole Tialolo. The organisation of the Maasai involved all 12 Maasai districts and there was careful consideration to ensure that the Maasai were educated in Intellectual Property rights, with two days of certified training.  

INTELLECTUAL PROPERTY

What does it mean to license IP?

Intellectual property (IP) is by definition intangible. IP refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce (WIPO). For some brands, the intellectual property value of their image, name or symbols are their most lucrative asset. Examples include Coca Cola; Sunkist oranges and cultural icons such as the late Charlie Chaplin. Arrangements to license intellectual property are usually around 3-5% of sales revenue.

What is the Maasai’s Intellectual Property?

 The Maasai had developed a growing sense that their name and image was being used without their permission, not only to make money for international companies but in many cases where the use was offensive to the Maasai.

The Maasai IP Initiative began in 2010, to empower and enable the Maasai to gain more control over their own IP, increase respect for their culture and achieve reasonable, sustainable income for the Maasai people.

The Maasai elders requested help with regaining their IP, after Light Years IP had success in helping Ethiopian coffee farmers reclaim more control over their fine coffee Trademarks, gaining $101m for around 1 million coffee farmers.

How would a brand make use of the Maasai IP?

The Maasai do not currently receive any revenue from the 1,000+ global companies and brands using their name and image to add value to those companies. Here lies the income-generating opportunity for the Maasai, under normal practices of intellectual property.

Companies now have the opportunity to apply for and to gain the Maasai certification and licensing arrangements, by contacting Maasai Partners.

A 3% licensing fee on an agreed product line would provide significant annual licensing revenue to the Maasai, while costing companies very little upfront. Companies are able to display the certification mark to show themselves as certified users of the Maasai name.

This arrangement is mutually beneficial to both organisations. Evidently, there is significant consumer interest in the Maasai brand, and consumer attitudes indicate a company that is genuinely returning benefits to the Maasai will be far more attractive than one that is not.

Can you give an example?

Automotive, clothing and luxury brand businesses can benefit from the cultural significance of the Maasai brand. For example, an automobile company may wish to collaborate with the Maasai on an “adventurous” marketing strategy, making use of the Maasai brand identity.

Marc Mathieu, former global brand manager of Samsung; Unilever and Coca Cola, analysed why the Maasai brand was so valuable to companies and predicted to continue to be. The following words were used in association with the Maasai to add value to brand products: Authentic, Strong, Proud, Steadfast, A way of life, Courage.

LICENSING

What does it mean to license a product?

An individual such as Charlie Chaplin (now his family) owns the Charlie Chaplin image and brand. If one wished to put Charlie Chaplin onto a coffee mug or an item of furniture or clothing line, permission would need to be obtained from the Charlie Chaplin Foundation.  A standard licensing fee of 5-10% would be required to provide back to the Foundation from the product’s net revenue.  If a million dollars of the product were sold, $100,000 would be a standard licensing fee. 

This exists for corporations. 

For Maasai, a brand selling a Maasai inspired product paying a 5% licensing fee would make a substantial difference to Maasai. In our opinion, it is also good for the brand, who may find this appeals to their consumer market and

New licensing is typically 10% for a new product and 5% for existing users. 

Where will the money derived from the license fee go?

The Maasai IP Initiative (MIPI) commits to assist the Maasai tribe comprised of approximately 3 million indigenous people of Kenya and Tanzania. Any incoming revenue has been agreed to be used in community projects, examples include clean water and sanitation, schools and curriculum, and projects beneficial to the Maasai women. This has been legally written under the laws of Tanzania into the Memorandum of Association and Articles of Association of the Maasai IP Initiative. 3.2.16:

“The income and property of the MIPI, whatsoever derived, shall be applied solely towards the promotion and achievement of the purposes of MIPI as determined by the Directors in accordance with this Memorandum of Association and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit, to the members of the MIPI.”

 
Who stands to benefit from the license fee?

Over 3 million Maasai people living in Kenya and Tanzania. The MIPI vows to regain the Maasai cultural brand and return income for the Maasai with the values of: Transparency; Representativeness; Unity; Inclusion; Accounting; A Strong Board and Cooperation.

The MIPI is a credible, trans-border representative structure to assert the rights of the Maasai internationally. As a Maasai representative entity, the members have made the following priorities for income:

1. Maasai child education

2. Advancing Maasai women’s capacity in building handicraft businesses and other businesses (Maasai Mamas)

3. Advancing Maasai knowledge of the value of IP and capabilities to acquire further income gains in IP-related business

4. Natural resource management for adapting to climate change

5. Food security

How does this create sustainable revenue? 

The income to the Maasai from a license fee can last as long as the product sells. This is a sustainable source of revenue as it does not cost the brand anything upfront and, as based on already successful brands and companies and established industry licensing norms, does not require the Maasai to produce exports. Instead, the Maasai can benefit from the use of their IP, already in operation, and manage their intellectual property asset.