Key takeaways from Kenya’s new IP Bill

The administration of IP in Kenya is currently fragmented. The KIPI administers patents, trade marks, utility models and industrial designs under the Industrial Property Act and the Trade Marks Act. The KECOBO administers copyright under the Copyright Act, while the ACA is responsible for combating counterfeiting under the Anti-Counterfeit Act.

The Kenya Intellectual Property Bill 2026, which is before the country’s National Assembly, seeks to consolidate the Industrial Property Act, the Copyright Act and the Anti-Counterfeit Act into a single comprehensive statute, repealing the existing legislation. It also proposes the establishment of the Kenya Intellectual Property Authority (KIPA), which would assume the functions currently performed by the KIPI, KECOBO and ACA. As a unified authority, the KIPA would administer patents and industrial designs, trade marks, utility models, copyright and related rights, and anti-counterfeiting measures.

Among its functions, the KIPA would consider applications for, and grant or register, IP rights; establish a recordal system to regulate the importation and manufacture of goods; establish and maintain registers with IP information; and combat the trade in counterfeit goods.

The Bill is set to establish a single Intellectual Property Tribunal with staff specialised to deal with IP disputes. The Tribunal would hear and determine IP-related disputes and appeals.

Overall, the Bill would create a single, unified national IP regulator. In practice, this is expected to streamline the administration of the acquisition of IP rights and resolution of IP disputes in Kenya.

Clients are encouraged to contact Adams & Adams for further information on protecting their IP in Kenya or for enquiries relating specifically to the Bill.