IOC Law / Africa Intelligence / Kenya
Intellectual Property in Kenya
Search and register the brand before launch. Company-name approval is not trade-mark clearance. The Kenya Industrial Property Institute administers trade marks, patents, industrial designs and utility models. Its trade-mark FAQ explains the official filing route.
File the key word, logo and product marks in the relevant classes, and secure domains and social identifiers. Search for identical and confusingly similar marks and consider transliterations or local variations. Monitor renewals, licences and non-use exposure.
Patents protect qualifying inventions; designs protect appearance; copyright protects qualifying original expression; trade secrets depend on confidentiality and control. Avoid public disclosure before a patent filing strategy is settled. Software needs particular attention to copyright, contractor ownership, open-source licences, data and confidential know-how.
Employment and contractor agreements should assign relevant IP to the intended group company and require further assistance. Confirm that agencies and developers have obtained rights from their personnel. A paid invoice does not necessarily transfer ownership.
Group licences should define territory, permitted use, quality control, improvements, support, sublicensing, fees, tax and termination. Distributors should receive limited brand rights and stop use after termination. In acquisitions, verify ownership, registrations, renewals, liens, disputes and all inbound and outbound licences.