INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS

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Now onto today’s topic;

Intellectual Property (IP) refers to the non-physical creations of the human mind. Think of inventions, artistic works, brand names, and secret business formulas, these are all valuable assets. Protecting these assets through Intellectual Property Rights (IPR) is vital, especially in a world driven by innovation. This legal protection is crucial for the commercial success and long-term viability of your creations. 

In Kenya, the legal framework for IP includes laws like the Copyright Act (2001) and the Intellectual Property Act (2001), among others. These laws grant the owner of an IP right the legal power to decide how it is used and by whom. 

Ownership of IP in Kenya can be established in several ways:

  • Individuals: A person who invents a new product or creates an original artwork automatically owns the rights to it.
  • Employers: If an employee develops an invention or creative work as part of their job, the employer typically owns the IP rights.
  • Companies: Businesses can own various forms of IP, such as patents and trademarks, which are essential to their brand and market standing.
  • Collaborators: When multiple people or entities work together on a project, they can jointly own the IP rights, with ownership terms usually set out in a legal agreement.
  • Acquisition: IP rights can also be bought, licensed, or obtained through business mergers.
TYPES OF INTELLECTUAL PROPERTY RIGHTS IN KENYA

The Kenyan IP framework categorizes intellectual property into several distinct types, each offering a specific form of protection

1. PATENTS

Patents protect inventions by giving the inventor exclusive rights to prevent others from making, using, or selling the invention for a set period. In Kenya, this protection lasts for up to 20 years from the filing date, provided annual fees are paid. To qualify, an invention must be new, involve a non-obvious "inventive step," and have a practical industrial use. The Kenya Industrial Property Institute (KIPI) is the governing body for patents.

2. COPYRIGHTS

Copyrights safeguard original creative works, including literary, artistic, and musical creations. This right gives the creator control over how their work is used and distributed. In Kenya, copyright protection is automatic upon the creation of the work in a tangible form and lasts for the creator's lifetime plus 50 years. While registration with the Kenya Copyright Board (KECOBO) is not mandatory, it provides stronger legal protection.

3. TRADEMARKS 

Trademarks protect brand identifiers like names, logos, and slogans that distinguish one company's goods or services from another's. This protection helps build consumer trust and loyalty. A trademark must be distinctive to qualify for registration with KIPI. Protection initially lasts for 10 years but can be renewed indefinitely as long as the mark remains in use. For example: The name "Safaricom" is a registered word mark, while Kenya Airways' slogan "the Pride of Africa" is a protected trademark that identifies the airline's brand.

4. TRADE SECRETS 

Trade secrets consist of confidential business information that gives a company a competitive edge, such as secret formulas, customer lists, or manufacturing processes. Unlike other forms of IP, trade secrets are not registered publicly; their protection relies on keeping the information secret. Protection can last perpetually, as long as the information remains confidential. For example: The formula for Listerine mouthwash was a closely guarded trade secret for many years, which allowed the company to maintain a unique market position even after licensing the formula to other manufacturers.

5. INDUSTRIAL DESIGNS 

Industrial designs protect the ornamental or aesthetic features of a product, such as its shape, color, or pattern. This right is concerned with a product's visual appeal rather than its function. To be protected, a design must be new and have a unique appearance. In Kenya, protection is granted by KIPI for an initial period of five years, which can be renewed twice for a total of 15 years For example: The unique visual elements of a car's exterior, like its headlight shape and body curves, can be protected as an industrial design.

6. UTILITY MODELS 

Often called lesser patents, utility models protect minor inventions or incremental innovations that may not meet the strict criteria for a full patent. They focus on the functional aspects of an invention. An invention must be new, involve an inventive step, and be industrially applicable to qualify. In Kenya, utility models are registered with KIPI and provide protection for 10 years from the filing date. For example: The Kenya Ceramic Jiko, an innovative and efficient cooking stove, was initially protected as a utility model.

7. PLANT BREEDER'S RIGHTS(PBRs) 

PBRs are granted to breeders of new plant varieties, giving them exclusive control over the production and sale of these plants. This encourages innovation in agriculture. To qualify, a variety must be new, distinct from existing varieties, uniform, and stable over generations. The Kenya Plant Health Inspectorate Service (KEPHIS) oversees PBRs. Protection lasts for 20 years for most plants and 25 years for trees and vines. For example: A newly developed variety of maize that is resistant to a specific disease could be protected by PBR. 

8. GEOGRAPHICAL INDICATIONS(GIs) 

GIs identify products that originate from a specific geographical location and possess a quality, reputation, or characteristic attributable to that origin. GIs protect regional products and assure consumers of their authenticity. The protection for a GI can be indefinite, as long as the product continues to meet the required standards associated with its origin. For example: Scotch Whisky is a registered GI indicating that the whisky is produced in Scotland according to specific standards, which ensures its unique quality and reputation.

In summary, understanding intellectual property rights is essential for protecting your creations and innovations in Kenya. In our next blog post, we’ll explore how to enforce these rights, what steps to take when someone copies your work.
 

 

Disclaimer- The information provided is for general informational purposes only and should not be considered as professional advice. Please consult a qualified professional for specific guidance. 


REFERENCES 

Kenya National Innovation Agency. (n.d.). Innovators’ Guide to intellectual property rights protection [PDF]. Innovation Agency.  

 

 

 

 

 

 

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