This guide is the map: it explains the four main types of intellectual property in Kenya, which body registers each, and how to protect, commercialise and enforce them.
Who this guide is for
This guide is for founders, businesses, creators and investors who want to understand and protect their intellectual property in Kenya. In practice, it is the starting point; each right has its own detailed guide, linked below, for when you are ready to act.
The four main rights
Intellectual property is not one thing. In practice, Kenyan law protects different creations in different ways, and knowing which right fits what you have is the first step.
Trademarks
A trademark protects a brand: a name, logo or sign that distinguishes your goods or services. It is registered at KIPI under the Trade Marks Act, lasts ten years and is renewable indefinitely. Indeed, for most businesses the brand is the most valuable IP asset, and registration is what lets you stop others using it. See our guide to trademark registration in Kenya.
Patents and utility models
A patent protects a new invention that is capable of industrial application, giving the owner exclusive rights for 20 years from filing. Similarly, a utility model protects a smaller or incremental innovation for a shorter period. In each case, both are registered at KIPI under the Industrial Property Act, 2001. See our guide to patent registration in Kenya.
Industrial designs
By contrast, an industrial design protects the appearance of a product, its shape, pattern or ornamentation, rather than how it works. It is registered at KIPI and protects the look of a product for an initial term that can be extended. In practice, designs matter most to product, furniture and fashion businesses.
Copyright
Copyright protects original literary, musical, artistic and audio-visual works, software and more. Unlike the others, it arises automatically on creation, with no registration required, and is administered by the Kenya Copyright Board (KECOBO). However, voluntary registration still provides useful evidence of ownership. See our guide to copyright registration in Kenya.
| Right | Protects | Register | Registration needed? |
|---|---|---|---|
| Trademark | Brands, names, logos | KIPI | Yes, for the strongest right |
| Patent / utility model | Inventions and innovations | KIPI | Yes |
| Industrial design | The look of a product | KIPI | Yes |
| Copyright | Creative and literary works, software | KECOBO | No, automatic; registration is evidence |
Registration is only half the job
Securing the right is the foundation. However, the value comes from using and defending it. In practice, two further steps matter for every right. First, commercialisation: you can license your IP to others for a fee while keeping ownership, or assign it outright, and a franchise is simply a bundle of IP licences. See our guide to IP licensing and assignment in Kenya. Second, enforcement: a right you do not defend loses value, so brand owners in particular should plan for opposition, infringement and anti-counterfeit action. See our guides to trademark disputes and to anti-counterfeit in Kenya.
Protection is territorial
Importantly, a Kenyan registration protects you in Kenya, and nowhere else. So if your brand or product crosses borders, you need protection in each market that matters, usually through the Madrid Protocol for trademarks or regional and international systems for patents. In addition, plan the international filing before you launch abroad, not after a local trader has taken your name. See our guide to international trademark registration from Kenya.
Common questions
What are the main types of IP in Kenya? Trademarks, patents and utility models, industrial designs, and copyright.
Where do I register? Trademarks, patents, utility models and designs at KIPI; copyright is administered by KECOBO, though copyright arises automatically.
Do I have to register copyright? No. Copyright is automatic on creation. Instead, registration with KECOBO is voluntary and provides evidence of ownership.
How long do the rights last? A trademark lasts ten years and renews indefinitely; a patent lasts 20 years from filing; copyright generally lasts the author’s life plus 50 years.
Does a Kenyan right protect me abroad? No. In fact, IP is territorial, so you must file in each market where you need protection.
What you should do now
- First, identify what IP your business owns: brands, inventions, designs and content.
- Next, match each to the right protection, and register the trademarks, patents and designs at KIPI.
- Meanwhile, treat copyright as protected on creation, and register key works with KECOBO for evidence.
- In addition, plan licensing and enforcement, not just registration.
- Finally, if you cross borders, plan the international filings early.
How OLM Law can help
Our intellectual property team advises across the whole field: registering trademarks, patents, utility models and designs at KIPI, protecting copyright, filing abroad, licensing and assigning rights, and enforcing them against infringers and counterfeiters. We help you build and defend an IP portfolio that matches your business. To protect your intellectual property, contact John Maina or Kenneth Likoko, Partners, at OLM Law Advocates LLP.
This article is a general guide only and is not legal advice. Please seek advice on your specific circumstances.
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