In this post we highlight four important changes to intellectual property rights. A solid overview of trade fairs, conferences and events and a big amount of interesting jobs. It offers legal services in diverse areas such as as corporate and commercial law, real estate. Let us strive to build respect for intellectual property. Intellectual property rights system is relied on by sectors that are shaped by cutting edge knowledge produced by costly research and development that includes ict, publishing, pharmaceuticals amongst others. Intellectual property rights in tanzania by ashiru. These infringe on intellectual property rights ipr, including, protected under articles 11 and 40 of the constitution, which place an obligation on the government to support, promote.
Promoting and protecting intellectual property in kenya 5. Mount kenya university mku, hereafter referred to as the university recognises and encourages the individual effort and ingenuities on the part of its schools, employees, students and collaborators leading to the creation of intellectual property. Find intellectual property law offices and lawyers in kenya for your city. This paper can be downloaded in pdf format from ielrcs website at. Guidelines on developing intellectual property policy. If you believe you have come up with an invention, it is important to file. Intellectual property rights are designed to promote and protect the creations and inventions of the mind. Question one critically assess the meaning and significance of formal examination or examination as to form under kenyan patent law and practice. Africa needs ip protection to build knowledge economies. To view these files, download the following free software. Research has shown that growth is closely related with the capacity of the economy to generate innovation and commercialize innovative products. At the forefront of these developments in the teaching of intellectual property law have been university professors, administrators of universities and policy makers who have had. This paper explains the value of intellectual property and why it is important to kenyas integration into the global economy.
Pirated and counterfeit products in kenya, mostly imported from asia, present a. The following are the major acts governing the protection of ip in kenya. Nairobi, kenya intellectual property lawyers and law firms. Intellectual property and innovation law in kenya and africa by prof. Kenya is the industrial property act, 2001 while the law that relates to copyrights in. Early precursors to some types of intellectual property existed in societies such as ancient rome. Intellectual property and innovation in kenya and africa. But patents do more than keep creative wheel spinning. Promoting and protecting intellectual property in kenya get the document. Prof ben sihanya university of nairobi personal websites. Intellectual property law deals with the rules for securing and enforcing legal rights to inventions, designs, and artistic works. Call to build respect for intellectual property in kenya.
The most wellknown types are s, patents, trademarks, and trade secrets. To achieve this, the law gives people and businesses property rights to the information and intellectual goods they create, usually for a limited period of time. This term is not renewable and once the term has expired, the invention is longer protected and can be exploited by anyone. The term of patent protection in kenya is 20 years. At the forefront of these developments in the teaching of intellectual property law have been university professors, administrators of universities and policy makers who have had foresight and have realized that intellectual property is not an abstract concept but that it is an. Kephis kenya plant health inspectorate service kepsa kenya private sector alliance kfa kenya farmers association kie kenya industrial estate kifwa kenya institute of freight workers association kipi kenya industrial property institute kippra kenya institute of public policy research analysis. Revised edition 2010 1962 published by the national council for law reporting with the. Derived from the renowned multivolume international encyclopaedia of laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in kenya. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods for consumers. Patents are made public specifically to promote the sharing of knowledge. The enactment of the industrial property act in 1989 gave birth. Intellectual property organisation established by the convention signed at. Creativity and innovation are proven drivers for economic growth and competitiveness. The world intellectual property organization wipo history 1.
Four types of intellectual property to protect your idea. Laws governing intellectual property ip in kenya ip kenya. Sep 20, 2017 the state here is kenya and the office is kenya intellectual property institute kipi. Intellectual property rights issues legal framework in zambia. A patent is a personal monopoly that allows only the inventor to manufacture and profit from an invention, typically for 20 years from. Transferring technology for sustainable development. Let us strive to build respect for intellectual property in kenya. Intellectual property ip is a category of property that includes intangible creations of the human intellect. Chapter 1 an overview of the intellectual property rights. There are many types of intellectual property, and some countries recognize more than others.
Biodiversity, traditional knowledge and intellectual property. It covers every type of intellectual property right in depth and neighbouring rights, patents, utility models, trademarks, trade names, industrial. The state here is kenya and the office is kenya intellectual property institute kipi. Each patent document describes a new aspect of a technology in clear and specific terms and is available for anyone to read. Johnson is an associate professor of law at the university of north dakota. It is worth noting that tanzania is a member of the african regional intellectual property organization aripo and the world intellectual. Intellectual property law, law for intellectual property in. Encouraging the disclosure of new developments and ensuring honesty in commercial transactions disclosure gives a access to new thingsinventions, product designs or works of authorship that the creator might otherwise.
Sihanya announced the arrival of his longawaited book titled. Promoting and protecting intellectual property in kenya is a bascap report, produced in 20 in cooperation with the anticounterfeiting agency, that outlines the value of ip in kenya and offers comprehensive policy and legislative recommendations to advance the states ipr regime. Intellectual property and innovation law in kenya and africa. The government of kenyas lax enforcement of intellectual property rights ipr continues to be a serious challenge for u. Invention means a solution to a specific problem in the field of technology. The intellectual property laws such as those on patents were. Kenya is neither a party nor observer to the wto agreement on government procurement. If you have invented an app, consider a patent through the united states patent and trademark office. Articles 11 and 40 of the constitution of kenya 2010 places obligation on the government of kenya to support, promote and protect the intellectual property rights of the people of kenya. Promoting and protecting intellectual property in kenya.
Kenyas national ip legislative framework is divided into law, trade mark law, industrial property law and anticounterfeiting law. Promoting and protecting intellectual property in kenya icc. One of the unintended impacts of the measures to curb coronavirus spread is the return of the newspaper forwards in pdf format on social media. Learn all theres to know about intellectual property law here. The inventor is that person who has brought out a new process or a new invention. Request for a certificate of right to inspect files for purpose of section 293 of the act. Earlier this week, canada, the united states and mexico reached an agreement in principle on the successor to nafta, dubbed the united statesmexicocanada agreement usmca. To protect your idea so that someone else doesnt steal your idea, you need to secure one or more of these four different types of intellectual property. Guidelines on developing intellectual property policy the world intellectual property organization wipo was established guidelines on developing intellectual property policy by its member states of which there are currently 179 as a vehicle for promoting the protection, dissemination and use of. African regional industrial property organization aripo 18 b. Intellectual property in technological innovations ihub. The interagency effort was a collaboration between the commercial law development program cldp, the market access compliance desk, international trade administration macita, the office of intellectual property rights oipr and the u. Kenya s national ip legislative framework is divided into law, trade mark law, industrial property law and anticounterfeiting law.
Intellectual property lawyers, law firms in kenya for. Intellectual property laws amendment act act 28 of 20. Mar 05, 2012 intellectual property, intellectual property kenya, ip, ip law kenya apart from ensuring that your new products or services reach as many consumers as possible, it is also crucial to guarantee that none of your competitors will be able to copy your new products and flood the market with cheap imitations. Promoting and protecting intellectual property in kenya ip kenya. The latest news from intellectual property disciplines. Intellectual property lawyers, law firms in kenya for every. The twin issues of rule of law and trade find expression in intellectual property. In 2008, the kenyan parliament enacted the anti counterfeit act which established the. The firm deals exclusively with ip law in south africa and across africa as a whole. The intellectual property system helps strike a balance between the interests of innovators and the public interest, providing an environment in which creativity. Intellectual property must be respected capital news. One of the unintended impacts of the measures enforced by government to manage covid19 is the return of the newspaper forwards through pdf format the social me.
As a result strong ip protection goes handinhand with government policies encouraging investment in ip and exhibiting the significant benefits of ip to a countrys growth and development. The exclusivity offered by the law is a key consideration for potential investors in a country. The law requires the patent to be renewed every year for the entire duration of protection and if the patent is not renewed the rights lapse. Ben sihanya december 7, 2016 january 11, 2017 victor nzomo on 27th october 2016, prof. Department of commerce doc, the departments of justice doj. Written by national experts in their field, intellectual property provides an overview of all the pertinent information on intellectual property needed to gain a clear. Among other things, a trademark is what allows consumers to identify the source and therefore potentially the quality of various products.
Artistic and scientific innovations enjoy legal protection under the intellectual property rights. Traditionally, the focus of trademarks has been the origin or source of goods and services. Utafiti news a publication of the office of the deputy vicechancellor research production and extension, university of nairobi. Protecting intellectual property rights for mobile apps. Section one of the bascap report explores the benefits of ip protection in strengthening kenya s economy. The enforcement of intellectual property rights in kenya. We specialize in conveyancing and commercial law, litigation, intellectual property, maritime law, arbitration, mediation and business establishment. Sep 09, 2011 kenyas national ip legislative framework is divided into law, trade mark law, industrial property law and anticounterfeiting law.
He has taught torts, intellectual property, sales, entertainment law, media law, sports law, employment law, and writing courses. Intellectual property procedure in kenya legal articles and. In the case of intellectual property, the significance of enforcement has been expressed in many different ways. Intellectual property law, get intellectual property legal services related to law in nairobi, mombasa. One of the unintended impacts of the measures enforced by government to manage covid19 is the return of the newspaper forwards through pdf format on social media. This is what global ip attorneys offers in the dynamic world of intellectual property and related fields. The selfpublished tome is just shy of 700 pages which is not surprising since it rehashes sihanyas entire body of work dating back to his 1991 ll. Intellectual property law in kenya wolters kluwer legal. Specialised intellectual property courts issues and challenges 11 introduction lack of enforcement of a particular legal system puts into question its actual relevance. Articles 11 and 40 of the constitution places obligation on the government to support, promote and protect the intellectual property rights of the people of kenya. Faculty of law, university of nairobi for the kenya and south africa case.
Specialised intellectual property courts issues and challenges. The exclusivity offered by intellectual property law is a key consideration that businesses look at before making investments in a country. An assessment of the status of laws, research and policy analysis on intellectual property rights in kenya dr patricia kamerimbote. Application to have change of ownership recorded in register. In the case of windsurfing v tabur marines a boy used to play with a play boat, later on a company made a similar play boat and wanted a patent on it, they were denied because it was not. Intellectual property, competition and tax law, munich, pp. Welcome, to the official website of the kenya industrial property institute kipia parastatal under the ministry of industry, trade and cooperatives. Pdf industrial property rights acquisition in kenya facts, figures. Provision of technological information to the public. Objectives of intellectual property intellectual property protection can be understood to have two objectives. To get a patent one must have an invention, it must be new novel.
Chapter 1 introduction the concept of intellectual. Download from this page patent, industrial design and utility model application. Intellectual property rights property has its duties as well as its rights, thomas drummond 17971840, scottish statesman, engineer. This act may be cited as the competition act, 2010.
Lecture 09 notes copyright and intellectual property. Similarly, commenting on the low number of patents in kenya, isaac rutenberg, director of the centre for intellectual property and information technology law at strathmore university in nairobi, said this is due to a lack of patent expertise and a lack of funds available to hire expensive patent drafting services. Biodiversity, traditional knowledge and intellectual property in kenya the legal and institutional framework for sustainable economic development institute of economic a. Once your product is ready for market, then you will want intellectual property rights protection from the government. There are four types of intellectual property that you can use to protect your idea. This book takes a sectoral approach to iprs, clearly illustrating. Revised edition 2010 1962 published by the national council for law reporting with the authority of the attorney general. Pdf intellectual property rights are seen as important in economic. The convention establishing the world intellectual property organization was signed at stockholm in 1967 and entered into force in 1970. An interagency approach with private sector coordination. Our head office is located in nairobi, but we also have offices in mombasa and nyeri. Request for authority to file a patent application outside kenya. International encyclopaedia of laws for intellectual. Interpretation in this act, unless the context otherwise requires agreement when used in relation to a restricted practice, includes a contract, arrangement or understanding, whether legally enforceable or not.
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