Intellectual property and the new competition act in kenya. How to protect your intellectual property from infringement. But as kenya takes the first steps that could see awareness on intellectual property improve, lack of enough experts with knowledge of. The aca was established to more effectively protect and enforce intellectual property rights by being the primary agency dealing with counterfeit goods. This paper can be downloaded in pdf format from ielrcs website at. The world intellectual property organization is the officiating entity for all participating countries worldwide. Sep 20, 2017 the state here is kenya and the office is kenya intellectual property institute kipi. Inventors wishing to protect their inventions in these countries may file one application in kenya and designate any or all them. May 09, 2011 summary of the trade mark act cap 506 laws of kenya may 9, 2011 august 16, 2016 victor nzomo this law provides for the protection, promotion and registration of trade marks. Saba ip intellectual property in the middle east and africa. The act defines a mark to include a distinguishing guise, slogan, device, brand, heading, label, ticket, name, signature, word, letter or numeral or any combination thereof whether rendered in two dimensional or threedimensional form.
Research the key issues surrounding intellectual property law in japan japan. Intellectual property has these commercial characteristics, but none of the physical attributes of ordinary, real or tangible property. The state here is kenya and the office is kenya intellectual property institute kipi. The harare protocol on patents and industrial designs. The firm deals exclusively with ip law in south africa and across africa as a whole. Intellectual property procedure in kenya legal articles and. Information concerning corresponding foreign applications and grants. Kenya industrial property institute kipi is responsible for examining and granting patents in kenya.
To achieve this, the law gives people and businesses property rights to the information and intellectual goods. Revised edition 2010 1962 published by the national council for law reporting with the authority of the attorney general. The agency was established to prohibit trade in counterfeit goods in kenya. Ip is sometimes regarded as protecting the physical embodiment of an otherwise intangible asset. University of nairobi school of law fourth year examinations, 2012 unit. The internationalisation of intellectual property protection through the world trade organizations agreement on trade related aspects of intellectual property rights trips ensures that the technology owner has protection of their ip in all areas of technology. Intellectual property lawyers, law firms in kenya for. Biodiversity, traditional knowledge and intellectual property in kenya the legal and institutional framework for sustainable economic development iii table of contents acronyms vi acknowledgements viii executive summary 1 1 international agreements governing biodiversity and bioprospecting in kenya 5 1. In this edition, we present 24 chapters that provide an overview of the forms of intellectual property coverage available in each particular jurisdiction, along with an update of. Mar 05, 2012 inventors wishing to protect their inventions in these countries may file one application in kenya and designate any or all them. It is vital to grasp this distinction because a book, a blueprint, a sheet of music, or a cd is never literally the subject of intellectual property laws the particular book, the particular.
Of course, intellectual property is always attached to a physical thing. Apr 28, 2016 intellectual property refers to the legal rights which result from intellectual creations in the industrial, scientific, literary and artistic fields. Kenya is also a member of the world intellectual property organization wipo world intellectual property organization wipo, which administers the international patent cooperation treaty pct. Kipi operates under the industrial property act 2001. Intellectual property rights pdf notes ipr pdf notes. Biodiversity, traditional knowledge and intellectual property. Intellectual property laws in place date back to 1950s.
When possible, have potential partners or investors sign nondisclosure agreements. Discussions about the implications of this provision in the context. Make sure you make clear exactly what is confidential. Intellectual property laws amendment act act 28 of 20. Some intellectual property is best protected by keeping quiet about it. Property law notes and cases pdf ebook download for llb. Kenya and south africa and it is indeed a milestone development. Reporting intellectual roperty rime a guide for victims of. An assessment of the status of laws, research and policy analysis on intellectual property rights in kenya dr patricia kamerimbote. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods.
Kenya takes steps to enhance intellectual property. Konrad adenauer stiftung rule of law program for subsaharan africa mbaruk rd, hse no. In 2008, kenya s anticounterfeit act established the anticounterfeit agency aca, to lead and coordinate the kenyan government efforts to combat counterfeit goods in kenya. Under ip law, owners are granted certain exclusive rights intellectual property rights to a variety of intangible assets. In developing countries, the protection of intellectual property rights is of. They have not been revised to suit modern times, especially patent laws, said banya. Kenya s national ip legislative framework is divided into law, trade mark law, industrial property law and anticounterfeiting law. Below, 10 members of forbes technology council weigh in on some lesscommon, yet still effective, ways to protect your intellectual property. Chapter 1 an overview of the intellectual property rights. Analysis in ghana, kenya, nigeria, south africa and ugandageorge m. This site is like a library, use search box in the widget to get ebook that you want. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods for consumers. Kenya s newly gazetted competition law, cited as the competition act chapter 12 of 2010, laws of kenya the act is yet to be given a commencement date.
Question one critically assess the meaning and significance of formal examination or examination as to form under kenyan patent law and practice. A quick look into intellectual property law in tanzania. The term intellectual property began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the worlds legal systems. Promoting and protecting intellectual property in nigeria. The department of justice s goal is to make it as easy as possible to report incidents of intellectual property crime to law enforcement authorities. To get a patent one must have an invention, it must be new novel. Some countries including kenya have become signatories to multinational treaties and agreements, which provide some form of harmonization in the protection of intellectual property. Any person who does any unauthorized act in relation to this publication may be liable. Ip is protected in law by, for example, patents, and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. The following are the major acts governing the protection of ip in kenya. Trademarks are automatically assumed once a business begins using a certain mark to identify its company, and may use the symbol tm without filing their symbol or name with the government. The department of justice s goal is to make it as easy as possible to report incidents of intellectual property crime to law enforcement authorities, including whom to contact and what to tell them. They aim to promote the benefits of technological innovation and restrain.
In the case of windsurfing v tabur marines a boy used to play with a play boat, later on a company made a similar play boat and wanted a patent on it, they were denied because it was not. Pdf the constitutional framework for the protection of. This law provides for the protection, promotion and registration of trade marks. However, it is also possible to obtain a patent through the african regional intellectual property organization aripo, which is a regional intergovernmental organization, based in. The law and practice of evidence in kenya download ebook.
An efficient and equitable intellectual property system can help all countries to realize intellectual propertys potential as a catalyst for economic development and social and cultural wellbeing. This is not to say that before it there was no actual protection of intellectual. These principles have now come to be recognized as part of the law of kenya on the intellectual property regime in question. Intellectual property protection and enforcement manual. Promoting and protecting intellectual property in kenya is a bascap report, produced in 20 in cooperation with the anticounterfeiting agency, that outlines the value of ip in kenya and offers comprehensive policy and legislative recommendations to advance the states ipr regime. Mount kenya university mku, hereafter referred to as the university recognises and encourages the individual effort and ingenuities on the part of its schools, employees, students and collaborators leading to the creation of intellectual property. Intellectual property ip refers to creations of the mind, such as inventions.
Intellectual property rights in south africa 5 economic returns belonging to creators. Entrepreneurs and business owners need to understand the basics of intellectual property ip law to best protect hardearned creations and ideas from unfair competition. Richard boadi, a national of ghana west africa, joined the alliance for a green revolution in africa agra in may 2009 as secretary to the board. Case study of kenyas specialized intellectual property rights court regime. Lecture 09 notes copyright and intellectual property. Kenya industrial property institute is a government parastatal that administers intellectual property rights kenya industrial property institutehome protecting industrial property rights. This manual focuses on ways in which intellectual property brand owners can take the initiative in the fight against. The enforcement of intellectual property rights in kenya. In a country such as kenya, the importance of intellectual property rights can hardly be overemphasised. Sep 09, 2011 kenyas national ip legislative framework is divided into law, trade mark law, industrial property law and anticounterfeiting law. Policy on intellectual property in kenya free download as powerpoint presentation. Set up in 1995, the intellectual property law association of nigeria iplan was birthed to aid. The following decisions summarize some of the key principles of intellectual property law developed and crystallized by the high court of kenya.
Kenya industrial property institute is a government parastatal that administers intellectual property rights. When intellectual property rights are violated, it is important to hire an. Promoting and protecting intellectual property in kenya icc. Laws governing intellectual property ip in kenya ip kenya. Pdf industrial property rights acquisition in kenya facts, figures. May 19, 2015 this protection is relevant to actors, playwrights, performers and other artists, musicians, authors, publishers and broadcasters. Click download or read online button to get the law and practice of evidence in kenya book now. Promoting and protecting intellectual property in kenya. If you buy a book in a shop, if you buy a cd in a shop, once you. Promoting and protecting intellectual property in kenya get the document. There are strict laws in place to protect intellectual property rights. Find intellectual property law offices and lawyers in kenya for your city.
Section 15a of this act specifically incorporates marks that. Intellectual property rights and south africas innovation. The constitution of kenya 2010 on its promulgation proved itself as a force to reckon with when it came to the protection of intellectual property rights in kenya. Invention means a solution to a specific problem in the field of technology. Information prejudicial to defence of kenya or safety of public. If your work is not patentable, or you prefer to protect it using the trade secrets law, limit the number of people you tell about it. Intellectual property and the new competition act in kenya future competition in the world is ip competition chinese premier, wen jiabao. South africa is also a signatory to various treaties and conventions that have a bearing on ipr, one of the most important being the agreement on trade related aspects of intellectual property rights trips. Patent applications in kenya can be filed either directly by the individual or through a lawyer or patent agent though all foreign applicants must apply through an agent. Intellectual property ip refers to creations of the mind, such as inventions, literary and artistic works, and symbols, names, and images used in commerce. Protection intellectual property is protected by national laws, which are unique in each country. Summary of the trade mark act cap 506 laws of kenya ip kenya. In addition, the need to align the university with the best intellectual property. Intellectual property law in kenya september 20, 2017.
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