Safeguarding your Creativity: How to Protect your Intellectual Property Rights in Kenya

If you are an artist, creator, software developer or any other kind of innovator, the intellectual property (IP) legal framework can protect your rights and enhance your ability to benefit financially from your creations. Kenya's IP framework consists of various forms of protection:

Patents: Protect new inventions or technological advancements, granting exclusive rights to the inventor. In Kenya, patents are administered by the Kenya Industrial Property Institute (KIPI) under the Industrial Property Act, 2001. Standard patents are valid for 20 years from the filing date, while utility models are protected for 10 years. 

Trademarks: Distinctive signs that differentiate goods or services of one enterprise from another. Registration is governed by the Trade Marks Act and is also managed by KIPI. Registered trademarks are protected for 10 years and can be renewed indefinitely in 10-year increments. 

Copyrights: Protect original literary, artistic, and musical works, managed by the Kenya Copyright Board (KECOBO). Copyright protection typically lasts for the lifetime of the author plus 50 years.

Industrial Designs: Protect the aesthetic aspects of products, such as shape, pattern, or color. These are also administered by KIPI.

Trade Secrets: The law primarily protects trade secrets through contractual agreements, such as non-disclosure agreements (NDAs) and confidentiality clauses, ensuring that employees, contractors, and business partners do not disclose sensitive information. Additionally, the Industrial Property Act, 2001 and the Computer Misuse and Cybercrimes Act, 2018 offer legal remedies against unauthorized access or disclosure of trade secrets.

How can you Protect your IP Rights?

• Conduct an IP Audit: Assess your creations to identify potential IP assets. This helps in determining what aspects of your work can be protected and the appropriate forms of IP rights to pursue. 

• Register your IP: Formally register with the relevant authority. Registration provides legal recognition and is essential for enforcement against infringement. 

• Understand the Scope of Protection: Familiarise yourself with the extent and duration of protection the relevant IP right offers. For instance, patents provide exclusive rights for 20 years, while trademarks can be renewed indefinitely.

• Monitor for Infringements: Actively monitor the market to detect unauthorised use of your IP. Early detection allows for timely enforcement actions to protect your rights.

• Leverage IP for your Commercial Benefit: Consider licencing or assigning your IP rights to third parties as a strategy for commercialisation. This can generate revenue and expand the reach of your innovations. 

  
  

Seek Legal Advice: Consult us to help you navigate the IP landscape, from registration to enforcement and monetisation arrangements