Key takeaways from Kenya’s new Intellectual Property Bill

The administration of intellectual property in Kenya is currently fragmented. The Kenya Industrial Property Institute (“KIPI”) administers patents, trade marks, utility models and industrial designs under the Industrial Property Act and the Trade Marks Act. The Kenya Copyright Board (“KECOBO”) administers copyright under the Copyright Act and the Anti-Counterfeit Authority (“ACA”) combats counterfeiting in terms of the Anti-Counterfeit Act.

The Kenya Intellectual Property Bill, 2026 (“the Bill”), which is before the country’s National Assembly, consolidates the Industrial Property Act, the Copyright Act and the Anti-Counterfeit Act into one comprehensive statute and will repeal these statutes. It also establishes the Kenya Intellectual Property Authority (“KIPA”) which will take over the functions currently exercised by KIPI, KECOBO and the ACA. This single authority will, therefore, administer patents and industrial designs, copyright, trade marks, utility models, copyright and related rights and anti-counterfeiting measures.

KIPA will, inter alia, consider applications for and grant or register intellectual property rights, establish a recordal system to regulate the importation and manufacture of goods, establish and maintain registers with intellectual property information and will combat dealing in counterfeit goods.

The Bill is set to establish a single Intellectual Property Tribunal with staff specialised to deal with intellectual property disputes. The Tribunal will hear and make determinations in matters relating to intellectual property disputes and appeals.

The Bill effectively creates a single, unified national intellectual property regulator. Practically, this should result in a streamlined administration for the acquisition of IP rights and the resolution of intellectual property disputes in Kenya, which are welcome developments.

Clients are encouraged to contact Adams & Adams if they require further information regarding the protection of their intellectual property in Kenya or for enquiries relating specifically to the Bill.