Wololo...!!! This thing looks tricky. The T&C's (which are contractually binding - and which many will click-thru without reading) appear to contradict the sweet assurances given in the FAQ. 

Suggested solution: The FAQ answers should be aligned with (and be incorporated in) the T&Cs to avoid confusion or contradictions. The T&C is mostly a disclaimer absolving Gov from any responsibility (yet its a Gov initiative!) and that is not very encouraging. Government has the ability (and ought) to commit itself and get in with both feet in order to show full backing of Kenyan innovators.

Rationale: This is a Government led initiative (so why adopt  a half-hearted, uncommitted approach that could leave our innovators exposed to IP misappropriation by third parties? I fear that many people will read the FAQs and submit unstrategically, thinking that the GoK has their back 100%, only to be shocked later on if things go south thanks to a greedy "partner". These are the realities innovators face every day so if Gov can't commit, where is the confidence?).

3. Why was the Whitebox conceptualized?


[this answer appears misaligned with T&Cs. Why wont Government commit to protecting indigenous innovators - many of whom don't know how to protect their innovations, or lack adequate funding to do so properly, if it truly realizes the strategic value and wants to be a national connector?] 
"Growth, development and transformation of local innovations and ventures into viable sustainable business enterprises has continually been stifled by lack of capital, limited expert guidance and poor access to markets. By aggregating stakeholders and relevant partners, the Whitebox will be a national connector for local ventures to access funds, capacity building and access to market opportunities. 

Whitebox is intended to facilitate the introduction of local ventures to government ministries, departments, agencies, counties and the private sector to promote local   co-innovation and adoption of local content in the spirit of  ‘Buy Kenya, Build Kenya’.

7. Do I have to have Intellectual Property protection?(Patents applied for or filed)


[doublespeak alert] "Yes. We strongly encourage you to date all your submissions. We keep a log of the date, time and manner of all submissions to the WhiteBox   in order to track precedence. If not yet acquired a patent, please talk to us on how to apply for one the Whitebox  secretariat will provide guidance on the process.  However, to safeguard your Intellectual Property rights, we advise that you contact an Intellectual Property professional before submission. If you do not have a patent or have not applied for one yet, you should not disclose any information that may infringe on your ability to subsequently file patents." [started with "yes", then ended with "no". so which is it?]

10. How does Whitebox deal with potential conflict of interest?


"Our rigorous process identifies issues and actively manages any potential conflicts arising. We operate on the strict principle of confidentiality and precedence. We consider first person to articulate, describe and reduce to practice an idea as the Intellectual Property Owner. We define simultaneity of delivery of a concept as being within 6 hours of each other - in which case we consider simultaneously delivered ideas to be co-owned. This is still a matter under consideration and your views will be carefully considered. The Whitebox, it’s officials and associates undertakes NOT to independently develop, implement or execute on any idea submitted to it - we operate under the principles of utmost good faith and probity."  [Is Whitebox an entity such that it can make an undertaking or is it the ICT Ministry doing so? These "officials" and "associates" - as well as "partners",  should be defined in the T&Cs. Who is included in this and who is not?]


Any other interesting observations?

Patrick.
 

On Sunday, October 21, 2018, 9:20:11 PM GMT+3, Mildred Achoch via kictanet <kictanet@lists.kictanet.or.ke> wrote:


Great initiative!

Note the Terms and Conditions:

Terms and Conditions on the use of Whitebox Facility

The Participants agree that by submitting their idea, innovation or product to the Whitebox Facility they agree to the following terms and conditions which constitute a legally binding agreement between the Government and the Participants.Further,the Participants in registering with the Facility confirm that they have read and fully understood and accepted these terms and conditions.

  1. The Government is under no obligation to take up the idea, innovation or the product or apply it in any manner whatsoever;
  2. The Government is not responsible for the protection of the intellectual property rights for the idea, innovation or the product and neither does it guarantee any such protection within the Whitebox Facility. The Participants are advised to follow through with the appropriate Government bodies for the protection of their intellectual property rights.
  3. The Participants agree that they are voluntarily entering in the Whitebox Facility and fully understand its mode of operation. Their engagement with the Government and its partners is not compulsory and they can choose to opt out at any given time.
  4. The Participants acknowledge that the Whitebox Facility is not responsible for any contracts that the Participants may enter with any of the Facility’s partners. Any such contractual engagements or dealings are willingly entered by the Participants and they do not create any privity with the Government.
  5. The Participants fully understand the objectives of Whitebox Facility and as such the Participants have without any inducement or coercion submitted their ideas, innovations and products to the Facility and this participation does not create any binding legal obligations with the Government.

On Sunday, October 21, 2018, WANGARI KABIRU via kictanet <kictanet@lists.kictanet.or.ke> wrote:


Changamka with Sunday gifts for innovators.....


Inline image

WhiteBox is an initiative of the Government of Kenya through the Ministry of Information, Communications and Technology and the ICT Authority, geared towards catalyzing the successful growth of local ventures to global, world-class status. The main objective of this initiative is to create a channel for anyone who wants to sell/suggest a product/idea to Government, priority will be given to products that focus on the Big 4 Agenda and address Government priorities and challenges. ....
The WhiteBox initiative offers a window into Government wide initiatives; staffed with subject matter Government officers who will offer guidance on the program activities, selection criteria as well as insights into Government programs that the public can leverage on to grow their businesses.

We welcome entrepreneurs and businesses at all stages of growth, from ideation to scale and aim to build a collaborative community of entrepreneurs and innovators who will mutually benefit from sharing knowledge and establishing necessary partnerships for success.






Be blessed.
Regards/Wangari

---
Pray God Bless. 2013Wangari circa - "Being of the Light, We are Restored Through Faith in Mind, Body and Spirit; We Manifest The Kingdom of God on Earth".


--
Check out the Rock 'n' roll film festival, Kenya TV Channel!
http://kenyarockfilmfestivaljournal.blogspot.com



_______________________________________________
kictanet mailing list
kictanet@lists.kictanet.or.ke
https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Twitter: http://twitter.com/kictanet
Facebook: https://www.facebook.com/KICTANet/
Domain Registration sponsored by www.eacdirectory.co.ke

Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/pmaina2000%40yahoo.com

The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.

KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.