- African Regional Intellectual Property Organisation (ARIPO)
- Organisation Africaine De La Propriété Intellectuelle (OAPI)
- Burkina Faso
- Cape Verde
- Central African Republic
- Congo, Republic of the
- Democratic Republic Of The Congo
- Equatorial Guinea
- Gambia, The
- Ivory Coast (Côte D’ivoire)
- São Tomé And Principe (St Thomas And Prince’s Islands)
- Sierra Leone
- South Africa
- St Helena
- South Sudan
- Tanzania (Comprised Of Tanganyika, Zanzibar And Pemba)
- Tanzania/ Tanganyika
The Republic of Kenya lies on the Equator in East Africa. It is bordered by the Indian Ocean and Somalia to the east, Ethiopia and South Sudan to the north, Uganda to the west and Tanzania to the south.
Area: 580 367 km2
Population: 40 million
Currency: Kenyan Shilling
GDP: $ 65.9 billion (2010)
Internet domain: .ke
Languages: Swahili, English (official languages)
Working week: Monday – Friday
Exports: Coffee; tea; horticultural products; hides and skins
Imports: Machinery and transportation equipment; consumer goods; petroleum products; iron and steel
Kenya is a member of the Paris Convention, the Madrid Agreement and Protocol, and the WTO/TRIPS.
Applications for the registration of trade marks may be filed as national applications, in appropriate circumstances, claiming priority in terms of the Paris Convention; or Kenya may be designated in international applications in terms of the Madrid Agreement/Protocol.
Provision is made for the registration of trade marks for goods and services, for collective marks, certification marks, defensive registrations of well-known marks, and for series marks.
The Act provides for registration of a mark in Part A of the register, where the mark must already have acquired distinctiveness; and for registration in Part B of the register, where the mark must only be capable of becoming distinctive.
Kenya is a member of the Paris Convention, ARIPO (Harare Protocol), the PCT and the WTO/TRIPS.
Patent protection is available via a national filing, in appropriate circumstances claiming priority, or an ARIPO application designating Kenya, or an international application under PCT designating Kenya.
Kenya has implemented the Harare Protocol (which regulates patent and design filings in ARIPO) in its national law, thereby giving valid patent protection to applicants seeking to obtain a patent via an ARIPO application. Kenya has also implemented the PCT in its national law, thereby affording valid protection to applicants making use of the PCT filing system. The deadline for entering the PCT national phase in Kenya is 30 months from the earliest priority date.
The Act places a restriction on persons resident in Kenya to file applications for a patent outside Kenya unless certain requirements are complied with.
The Act provides for conventional patents to protect an invention which is new, involves an inventive step, and is industrially applicable or is a new use.
The Act also provides for divisional patents, provided that a divisional patent may not go beyond the disclosure in the main patent.
The Act further provides for utility models; patent applications may be converted to utility model applications, and vice versa.
Kenya is a member of the Paris Convention, ARIPO (Harare Protocol) and the WTO/TRIPS.
Design protection is available by way of a national filing, in appropriate circumstances with a claim to convention priority, or via an ARIPO application designating Kenya. Kenya has implemented the Harare Protocol (which regulates patent and design filings in ARIPO) in its national laws, thereby providing for valid design protection to applicants seeking to obtain a design registration via ARIPO.
Kenya is a member of the Berne Convention, the Brussels Convention, the Phonograms Convention, and the WTO/TRIPS.
The Act provides for the following works to be eligible for copyright protection:
- literary works
- musical works
- artistic works
- audiovisual works
- sound recordings
Literary works are further defined to include:
- novels, stories, poetic works, letters, reports, memoranda
- plays, stage directions, film scenarios, broadcasting scripts
- textbooks, treatises, essays, articles, encyclopaedias, dictionaries
- lectures, addresses and sermons
- charts, tables and compilations of data
- computer programs.
Artistic works are further defined to include:
- paintings, drawings, etchings, lithographs, woodcuts, engravings, prints
- maps, plans, diagrams
- works of sculpture, works of architecture
- photographs, works of artistic craftsmanship.
Plant Breeders' Rights
Plant breeders’ rights can be obtained in Kenya under the Seeds and Plant Varieties Act, Chapter 326, Laws of Kenya.
Kenya is a member of the UPOV Convention for the Protection of New Varieties of Plants.
The effect of protection is that the plant breeder’s right holder has an exclusive right to produce reproductive material of the variety for commercial purposes, to offer it for sale, to export it, and to stock it for any of these purposes.