Intellectual Property (IP)

Intellectual Property (IP) refers to creations of the mind that have commercial value and are legally protected from unauthorized use. These include inventions, artistic works, brand names, and business innovations. In Kenya, IP is governed by laws such as the Industrial Property Act, the Copyright Act, and the Trade Marks Act, and it is overseen by the Kenya Industrial Property Institute (KIPI).

Types of Intellectual Property

  1. Copyright: Protects artistic and literary works (e.g., books, music, films).
  2. Trademarks: Protects business names, logos, and brand symbols.
  3. Patents: Protects new inventions and technological innovations.
  4. Industrial Designs: Protects unique product designs and appearances.
  5. Trade Secrets: Protects confidential business information (e.g., formulas, processes).

The process of Registering Intellectual Property in Kenya is as follows:

Copyright Registration

  • Automatically applies once a work is created, but registration with the Kenya Copyright Board (KECOBO) provides stronger protection.
  • The creator submits an application with proof of authorship and the work.

Trademark Registration

  1. Conduct a Name Search – Check availability at KIPI to ensure the brand name/logo is unique.
  2. Application Submission – File a trademark application with details of the mark and business.
  3. Examination & Publication – KIPI reviews the application and publishes it in the Kenya Gazette for objections.
  4. Approval & Registration – If no objections arise, the trademark is registered for 10 years (renewable).

Patent Registration

  1. Application Filing – Submit an invention’s details, claims, and drawings to KIPI.
  2. Examination & Review – The patent office reviews for uniqueness and industrial use.
  3. Publication & Opposition – The application is published for public objections.
  4. Granting of Patent – If approved, the patent is valid for 20 years (with annual fees).

Industrial Design Registration

  • Submit design details to KIPI for originality assessment and protection.
  • Protection lasts for 15 years (renewable every 5 years).

Enforcement of Intellectual Property Rights

  • Legal Action – If someone copies or misuses protected IP, the owner can file a case in court.
  • Kenya Anti-Counterfeit Authority (ACA) – Helps fight against counterfeit goods and IP violations.

Listen to our IP Episodes on Swala Nyeti

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Would you like help with a specific type of intellectual property? Talk to us!

Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need specific legal guidance, talk or chat to us on 0708111222.

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