Intellectual Property Services in Kenya

Kenya has established a comprehensive legal framework to protect intellectual property (IP) rights, fostering innovation and economic development. Below is an overview of Kenya's legal system, constitutional provisions, and IP laws.

1. Legal Framework and Constitutional Provisions

Kenya's legal system is based on English common law, customary law, and statutory law. The Constitution of Kenya (2010) is the supreme law, providing explicit recognition and protection of intellectual property rights:

• Article 11(2)(c): Mandates the state to promote the intellectual property rights of the people of Kenya.
• Article 40(5): Obligates the state to support, promote, and protect the intellectual property rights of its citizens.
• Article 69(1)(c): Requires the state to protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities.
• Article 260: Defines "property" to include intellectual property, ensuring its protection under property rights.

2. Intellectual Property Laws

Kenya has enacted specific laws to safeguard various forms of intellectual property:

• Industrial Property Act, 2001: Governs the protection of patents, industrial designs, and utility models.
• Trade Marks Act, Cap 506: Provides for the registration and protection of trademarks.
• Copyright Act, 2001: Administered by the Kenya Copyright Board (KECOBO), it protects literary, musical, and artistic works.

3. Kenya Industrial Property Institute (KIPI)

The Kenya Industrial Property Institute (KIPI) is a state corporation established under the Industrial Property Act, 2001. KIPI's functions include:

• Processing Applications: For patents, trademarks, industrial designs, and utility models.
• Screening Technology Transfer Agreements: To ensure compliance with legal standards.
• Disseminating IP Information: Providing industrial property information to the public for technological and economic development.
• Promoting Inventiveness and Innovativeness: Organizing training, competitions, and awards related to industrial property matters.

For more information, visit KIPI's official website.

4. International Treaties and Conventions

Kenya is a member of several international treaties, reflecting its commitment to global IP standards:

• World Intellectual Property Organization (WIPO): Kenya is a member state, participating in various WIPO-administered treaties.
• Paris Convention for the Protection of Industrial Property: Protects industrial property rights globally.
• Berne Convention for the Protection of Literary and Artistic Works: Ensures protection of literary and artistic works internationally.

Why Choose Us?

At ABISOM IP & Law Firm, we offer expert legal services to protect your intellectual property in Kenya. Our services include:

• Registration and Protection: Assisting with patents, trademarks, industrial designs, and utility models.
• Legal Advisory: Providing guidance on IP law compliance and enforcement.
• Representation: Advocating for clients in IP disputes and litigation.

With extensive experience and a deep understanding of Kenya's IP landscape, we are your trusted partner for all IP-related matters in the region. For further assistance, http://www.abisomip.com/contact