Kenya Intellectual Property Law
Classification
The International Classification of Goods and Services (Nice Classification) is followed. Provision is made for multiple class filings.
Convention priority
Kenya is a member of the Paris Convention. An applicant for a trade mark who has applied for the same mark in another Paris Convention member country, is entitled to a priority right. This accords them the same effective date as the first filed application, provided the Kenya application is filed within six months of such earlier filing date.
Examination/procedure
Applications are examined as to formal requirements as well as on relative and substantive grounds. If accepted, the mark must be published.
Opposition
Any interested person may oppose the application within 60 days from date of publication. An extension of the opposition period is possible in the discretion of the Registrar for a maximum period of 90 days.
Duration and renewal
A trade mark registration is valid for an initial period of 10 years from the date of filing and is renewable for like periods of 10 years, upon payment of the applicable renewal fees.
Subject matter eligible for protection
The Act provides for the following works to be eligible for copyright protection:
- Literary works
- Musical works
- Artistic works
- Dramatic works
- Audio-visual works
- Sound recordings
- Broadcasts.
Registration of copyright
There is no requirement for registration, but registration with the Kenya Copyright Board (KECOBO) is possible. Copyright is conferred on every work eligible for copyright where the author is, at the time of creation of the work, is a citizen of, or is domiciled or ordinarily resident in Kenya or is a body corporate which is incorporated under or in accordance with the laws of Kenya.
Duration of copyright
The term of copyright varies from one work to another as follows:
- The copyright in respect of literary, musical, dramatic or artistic works, other than photographs, will expire fifty years after the end of the year in which the author dies
- The copyright in respect of audio-visual works and photographs will expire fifty years from the end of the year in which the work was either made, first made available to the public, or first published, whichever date is the earliest
- The copyright in respect of sound recordings will expire fifty years after the end of the year in which the recording was made
- The copyright in respect of broadcasts will expire fifty years after the end of the year in which the broadcasts took place.
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