Kenya industrial property institute and for purposes incidental thereto and connected therewith act no. The author eagerly supports initiatives that promote a deeper understanding of ip in kenya, such as strathmore universitys centre for intellectual property and information center cipit, of which the author is now a member. Intellectual property law deals with the rules for securing and enforcing legal rights to inventions, designs, and artistic works. Intellectual property laws amendment act act 28 of 20. Laws governing intellectual property ip in kenya ip kenya. The enforcement of intellectual property rights in kenya. The journal of intellectual property law and practice, 12, 32017. Sep 09, 2011 kenyas national ip legislative framework is divided into law, trade mark law, industrial property law and anticounterfeiting law. Information prejudicial to defence of kenya or safety of public. This act may be cited as the industrial property act, 2001 and shall come into operation on such date as the minister may, by notice in the gazette, appoint. Intellectual property practitioners need to look beyond intellectual property laws themselves to understand the antitrust limits on the free exercise of rights.
This is by virtue of the international treaties and conventions that kenya is a signatory. Criminal,family,divorce,contract,labour,constitution,company,tax,property,tort,civil procedure and all other laws of kenya. In a country such as kenya, the importance of intellectual property rights can hardly be overemphasised. Ppt intellectual property rights in kenya maurine dommy. Intellectual property must be respected capital news.
Doj, computer crime and intellectual property section ip victims guide page 7 accordingly, the department of justice has created this guide for victims to facilitate the flow of critical information from victims of intellectual property crimes to. Centre for intellectual property and information technology. Protecting your intellectual property from competitors gressmedia. Oecd report on patents and economic performance 17. 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. Revised edition 2010 1962 published by the national council for law reporting with the authority of the attorney general. Intellectual property rights, innovation and firm performance in developing countries. However, it is also possible to obtain a patent through the african regional intellectual property organization aripo, which is a regional intergovernmental organization, based in. The intellectual property system helps strike a balance between the interests of innovators and the public interest, providing an environment in which creativity. Kenya is the industrial property act, 2001 while the law that relates to copyrights in.
What was once perceived as belonging to community is today complicated by the idea of ownership. Intellectual property, commonly referred to as saba ip, is an intellectual property firm active in middle east and africa. Intellectual property rights or ipr consist of exclusive rights to the authors, inventors, or the. An abuse of an intellectual property right has been included in the new law to be an abuse of a dominant position.
This site is like a library, use search box in the widget to get ebook that you want. The copyright act, 2001 chapter, as amended up to act. Criminal procedures and penalties for infringement of. Pdf intellectual property rights, innovation and firm. Intellectual property and the new competition act in kenya. Objectives of intellectual property intellectual property protection can be understood to have two objectives.
Intellectual property procedure in kenya legal articles and. 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. Intellectual property law, law for intellectual property in. African regional industrial property organization aripo 18 b. To achieve this, the law gives people and businesses property rights to the information and intellectual goods they create, usually for a. Pdf industrial property rights acquisition in kenya facts, figures. The exclusivity offered by intellectual property law is a key consideration that businesses look at before making investments in a country. Intellectual property in technological innovations ihub. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods for consumers.
Intellectual property rights in east africa harmonization of. May 19, 2015 in a country such as kenya, the importance of intellectual property rights can hardly be overemphasised. Click download or read online button to get the law and practice of evidence in kenya book now. Intellectual property rights are the legal rights that cover the privileges given to individuals who are the owners and inventors of a work, and have created something with their intellectual creativity.
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. Konrad adenauer stiftung rule of law program for subsaharan africa mbaruk rd, hse no. Analysis in ghana, kenya, nigeria, south africa and ugandageorge m. Short title this act may be cited as the industrial property act, 2001. Kenya industrial property institute kipi, ministry of trade and industry address. 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. Industrial property act world intellectual property. Intellectual property law, get intellectual property legal services related to law in nairobi, mombasa. Intellectual property rights issues legal framework in zambia. In kenya all matters related to are regulated by an act of parliament 1 and the regulations 2 made there under. Article 61 of the trade related aspects of intellectual property rights trips agreement obliges members to put in place criminal procedures and penalties for cases involving wilful trade mark counterfeiting and piracy on a commercial scale through remedies which include imprisonment andor monetary fines in ways sufficient to act as deterrent consistent with the.
Nnamdi ezera, senior counsel, cldp, stephen mallowah, executive director, aca and edward sigei, chief legal counsel, kecobo. Kipi operates under the industrial property act 2001. This paper explains the value of intellectual property and why it is important to kenya s integration into the global economy. Kenya industrial property institute kipi is responsible for examining and granting patents in kenya. Kenya takes steps to enhance intellectual property awareness. How to maximize the value of your intellectual property, pp31, john pryor the innovation handbook, adam jolly. The intellectual property system helps strike a balance between the interests of innovators and. Sihanya announced the arrival of his longawaited book titled.
Kenyas national ip legislative framework is divided into law, trade mark law, industrial property law and anticounterfeiting law. Ben sihanya december 7, 2016 january 11, 2017 victor nzomo on 27th october 2016, prof. Pdf the constitutional framework for the protection of. There exists a constitutional underpinning that obliges the state to support, promote and protect the intellectual property rights of the people of kenya. 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. The study sampled opinions of 2 micro and small agrofood processors in kenya on intellectual property and its effect on developing advantageous products for them and consumers. Sep 20, 2017 the state here is kenya and the office is kenya intellectual property institute kipi.
Reporting intellectual roperty rime a guide for victims of. The legitimacy of indigenous intellectual property rights claims. An interagency approach with private sector coordination may 17, 2011 may 20, 2011 interagency collaboration. We now see many fake products which imitate trademarks and names of genuine foreign manufacturers being sold in the country from foreign countries. It is instrumental to note that this law governs transactions outside kenya as long as the transaction touches a. Towards a national intellectual property policy in kenya. Call to build respect for intellectual property in kenya. This paper can be downloaded in pdf format from ielrcs website at. Jan 01, 2014 the author eagerly supports initiatives that promote a deeper understanding of ip in kenya, such as strathmore universitys centre for intellectual property and information center cipit, of which the author is now a member. Intellectual property as a legal concept involves the protection of the legal.
It is important to note that print sources are often better than electronic ones for getting a. The move comes as experts have offered gloomy views on the ip situation in kenya and elsewhere in africa. Interpretation in this act, unless the context otherwise. Intellectual property and innovation law in kenya and africa by prof. 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. Journal of intellectual property rights 2007 and 2009 16. To get a patent one must have an invention, it must be new novel. This is a country where book piracy, film piracy and music piracy still reign supreme. The following are the major acts governing the protection of ip in kenya.
Intellectual property and innovation law in kenya and africa. The state here is kenya and the office is kenya intellectual property institute kipi. The value of intellectual property, intangible assets and goodwill 15. The law and practice of evidence in kenya download ebook. 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. To access publications on intellectual propert by ip experts click he r e. 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. This paper explains the value of intellectual property and why it is important to kenyas integration into the global economy. Firm level evidence from kenya conference paper pdf available. Nairobi, kenya the government of kenya has inaugurated a board to steer the kenya national innovation agency knia, which is charged with increasing awareness of intellectual property rights among investors, universities, research institutions and the general public. Trips, intellectual property rights and access to medicines, antiretroviral. Lecture 09 notes copyright and intellectual property. Provision of technological information to the public. Individuals related to areas such as literature, music, invention, etc.
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