INTELLECTUAL PROPERTY RIGHTS IN KENYA
First Renewal Term
Subsequent Renewal Term
The trademark rights in Kenya are granted to the individual or company that first uses the same in the country.
While registration is not mandatory in Kenya, it is highly advisable to go ahead with it for demonstrating clear ownership, preventing future conflicts corresponding to the ownership of a trademark, and seeking protection in the case of trademark infringement.
In Kenya, the trademark applications must be filed with the Kenya Industrial Property Institute (KIPI).
The country is also a member of the Madrid Protocol; thus, the extension of international registration of a trademark via the Madrid System is possible for the country and its applicants.
Multi-class trademark applications are acceptable.
The interested third parties may file opposition actions against a trademark application within two (02) months following its publication date.
The registered trademarks have a validity of ten (10) years from the date of application in Kenya, which can be further renewed indefinitely for periods of ten (10) years.
Kenya is a member of the Paris Convention, Patent Cooperation Treaty (PCT), and ARIPO.
The Industrial Property Act, 2001 deals with the mechanism of patent protection in Kenya.
Process Patent and Product Patent are the two types of patents that can be protected in Kenya.
In Kenya, any invention that satisfies the conditions of novelty, inventive step, and industrial applicability or new usability, subjects to patentability.
The types of patent applications in Kenya include Non-Convention Application, Convention Application, PCT National Phase Application, Divisional Application, and Patent of Addition.
Utility Model Protection is available under the patent law.
The time-period for the PCT National Phase Filing is thirty (30) months.
Opposition against a patent application can be raised both at the pre-grant and post-grant stage. At the pre-grant stage, any third party may raise an opposition after the patent gets published, but before it is granted, which is usually within two (02) months of publication. And, for the post-grant scenario, an opposition can be raised within two (02) months from the date of publication of the patent grant.
The patent of invention lasts for twenty (20) years in Kenya. The protection term of a utility model patent is ten (10) years.
The time frame for payment of Annuities before the due date is three (03) months.
Kenya is a member of the Paris Convention and ARIPO.
The Industrial Property Act, 2001, deals with the mechanism of registration of industrial designs.
The types of industrial design applications in Kenya include Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in Kenya.
Opposition against an industrial design application can be raised within two (02) months from the date of publication of the industrial design in the official gazette.
The total duration of an industrial design registration is fifteen (15) years from the date of application. The initial term of registration is five (05) years, which is further extendible for two terms of (05) five years each upon payment of the renewal fee.
There is a grace period of six (06) months to renew an industrial design in Kenya.
Kenya is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
Chapter 130 - Copyright Act of 1966, as last amended in 1991, deals with the mechanism of copyright protection in Kenya.
The standard copyright protection term lasts for the lifetime of the author plus fifty (50) years following his death. However, the duration of copyright protection varies depending on the type of work.
For photographic works and audio-visual works, the copyright protection term lasts for fifty (50) years the date of creation or publication, whichever is the latest.