Intellectual Property in Kenya: FAQ

At a glance

Frequently asked questions

What types of intellectual property can I protect in Kenya?

Trademarks (brand names, logos, slogans), patents (new inventions), utility models and industrial designs (the functional or visual features of a product), and copyright (original literary, artistic, musical and audiovisual works, and software). Each has its own law, registry, requirements and term of protection.

Who administers IP in Kenya?

KIPI registers and maintains trademarks under the Trade Marks Act and patents, utility models and designs under the Industrial Property Act 2001. KECOBO administers copyright under the Copyright Act 2001. The Anti-Counterfeit Authority enforces against counterfeit goods. A long-discussed reform would consolidate these bodies into a single Intellectual Property Office of Kenya, but that remains a proposal rather than law.

How do I register a trademark, and how long does protection last?

Run a search, file a TM2 application with KIPI in the correct Nice class, clear examination on absolute and relative grounds, survive a 60-day opposition window after publication in the Industrial Property Journal, and receive a certificate. Registration lasts 10 years from the filing date and renews for successive 10-year periods.

How long does trademark registration take?

A straightforward, unopposed application usually takes about 12 to 18 months; objections or opposition can extend it to 24 months or more.

Can my trademark be removed if I do not use it?

Yes. A registered mark can be removed for non-use after a continuous period of five years, on a third party’s application, so genuine use of the mark as registered — and keeping evidence of that use — matters.

Do I need to register copyright?

Copyright arises automatically on creation of an original work and does not require registration to exist. However, registering with KECOBO provides valuable evidence of ownership and date, which strengthens your hand in any infringement or piracy dispute.

How are patents protected, and for how long?

A patent is granted by KIPI for an invention that is new, involves an inventive step and is industrially applicable, and lasts up to 20 years subject to annual maintenance (renewal) fees. Where an invention is incremental, a utility model offers a shorter, lower-threshold form of protection. Through the Patent Cooperation Treaty, a single international application can seek protection across many countries, including Kenya.

What is the difference between a patent, a utility model and an industrial design?

A patent protects how an invention works and requires an inventive step; a utility model protects functional innovations at a lower inventiveness threshold for a shorter term; and an industrial design protects the appearance — shape, configuration or ornamentation — of a product rather than its function. The right tool depends on what is novel about the product.

Can foreign businesses register IP in Kenya?

Yes. Foreign applicants generally file through a local agent registered with KIPI and provide a Kenyan address for service. Regional and international routes — ARIPO under the Banjul (and Harare) Protocols and the Madrid Protocol for trademarks — allow protection to be extended across multiple countries more efficiently than separate national filings.

How do I protect my brand across East Africa and beyond?

Beyond a national KIPI registration, the ARIPO route allows a single filing designating multiple African member States, and the Madrid Protocol allows an international trademark registration designating many countries through one application. The Paris Convention also gives a six-month priority right where you have filed abroad recently.

How is IP enforced in Kenya?

Through civil remedies — injunctions, damages, an account of profits, and delivery-up or destruction of infringing goods — and, for counterfeiting and piracy, criminal sanctions and enforcement by the Anti-Counterfeit Authority, including market and border seizures. Customs recordal can intercept infringing imports. Registration makes enforcement faster and stronger; an unregistered mark is limited to the harder common-law action for passing off.

What are the most common IP mistakes businesses make?

Trading under an unregistered mark; assuming that registering a company name or business name protects the brand (it does not); filing in the wrong class or too few classes; letting a registration lapse or sit unused; and failing to secure IP created by employees or contractors through written assignments. Each is avoidable with early advice.

Disclaimer: This article has been prepared for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute a lawyer-client relationship. Nothing in this article is intended to guarantee, warranty, or predict the outcome of a particular case and should not be construed as such a guarantee, warranty, or prediction. The authors are not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information. Readers should take specific advice from a qualified professional when dealing with specific situations.