Commercial Law
Intellectual Property
Protecting intellectual property helps preserve value, support commercialisation opportunities, strengthen competitive positioning, and safeguard long-term business interests.
Protecting intellectual property helps preserve value, support commercialisation opportunities, strengthen competitive positioning, and safeguard long-term business interests.
Trademarks, copyright, trade secrets, patents, and utility designs help protect market position, innovation, brand value, and future revenue opportunities.
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Intellectual Property
Trademarks
A trademark distinguishes the goods and services of one organisation from those of another, and a registered mark is among the most durable assets a business holds. In Kenya, trademarks are registered with the Kenya Industrial Property Institute under the Trade Marks Act, granting the proprietor an exclusive right that may be renewed indefinitely and enforced against infringers.
Copyright
Copyright protects original literary, artistic, musical and audiovisual works, as well as software, and arises automatically once a qualifying work is created. In Kenya the Copyright Act governs these rights, and voluntary registration with the Kenya Copyright Board provides recognised evidence of ownership that supports enforcement and commercial dealings.
Trade Secrets
Trade secrets cover confidential commercial information that derives value from not being publicly known, including formulations, processes, client data, pricing models and proprietary methods. Unlike registered rights, protection depends on the reasonable steps an organisation takes to keep the information secret, supported by contract, the law of confidence and the statutory framework governing trade secrets in Kenya.
Patents
A patent grants the holder an exclusive right to exploit an invention that is new, involves an inventive step and is capable of industrial application. In Kenya, patents are granted by the Kenya Industrial Property Institute under the Industrial Property Act, conferring protection for a defined term during which the invention may be commercialised or licensed.
Utility Designs
Utility models, often described as utility designs, protect functional improvements and practical innovations that may not meet the inventive step required for a patent. In Kenya these rights are granted by the Kenya Industrial Property Institute under the Industrial Property Act, offering a faster and more accessible route to exclusive protection for incremental technical advances.
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