Shaping the Future of Kenya’s IP Landscape: The Third Effort to Finalize a National IP Policy and Strategy

Kenya is working towards finalizing its third attempt at establishing a National Intellectual Property Policy and Strategy (NIPPS), following consultations with key stakeholders. The policy aims to address challenges in Kenya’s IP landscape and aligns with WIPO’s methodology for national IP policies. The 2024 NIPPS focuses on key sectors like agriculture, tourism, pharmaceuticals and the digital economy, with seven strategic priorities guiding the IP landscape’s future.

Key areas of concern include gaps in Kenya’s IP laws, particularly regarding traditional knowledge, trade secrets, and geographical indications, as well as outdated regulations in plant variety protection. The report highlights institutional inefficiencies at agencies like KIPI, KECOBO, and KEPHIS, and calls for stronger frameworks and improved staffing.

In addition, Kenya faces low participation in IP applications, particularly from women, SMEs and universities. The report also calls for improved IP education, more funding for R&D, and better commercialisation and technology transfer mechanisms. Enforcement remains a major challenge, with piracy and counterfeit trade causing significant economic losses, underscoring the need for stronger enforcement and inter-agency collaboration.

Drawing lessons from successful models in countries like South Korea, Mauritius, Malaysia and South Africa, Kenya aims to streamline its legislative framework, strengthen institutional capacity and improve stakeholder engagement. By adopting a more robust national IP policy, Kenya could boost innovation, protect traditional knowledge and enhance its global competitiveness.