Kenya advances national IP reform

Kenya’s Ministry of Investments, Trade and Industry recently published a draft National Intellectual Property Policy and Strategy (NIPPS) for public comment. If adopted and implemented, the NIPPS will reshape Kenya’s IP ecosystem through legislative reform, expanded commercialisation support, enhanced institutional coordination and increased emphasis on IP as a driver of economic development.

The draft sets out eight objectives and various strategies across seven priority areas aimed at strengthening the generation, protection, commercialisation and enforcement of IP rights in Kenya. Key proposals include:

• New legislation on geographical indications and trade secrets: areas not currently protected under dedicated Kenyan legislation.
• Legal and regulatory reforms to address emerging technologies, including AI-generated works, software-related inventions, biotechnology, blockchain applications, and digital rights management.
• The establishment of specialised IP courts and stronger coordination among the KIPI, Kenya Copyright Board (KECOBO), Anti-Counterfeit Authority (ACA) and Kenya Plant Health Inspectorate Service (KEPHIS).
• Support for institutional reforms proposed under the Kenya Intellectual Property Authority Bill 2025, which proposes consolidating key IP agencies into a single authority.
• Sustainable funding mechanisms for IP protection, commercialisation and technology transfer, alongside formal recognition of registered IP agents.
• Targeted initiatives to increase participation by women, youth, MSMEs, persons with disabilities, marginalised communities and informal-sector innovators.

If adopted, the NIPPS will provide Kenya’s first overarching national framework for coordinating IP policy, legislation, institutions and innovation support mechanisms. The proposals signal a broader shift towards treating IP as a strategic economic asset and could position Kenya as a leader in Africa in innovation-focused IP generation and protection.