Part of the intellectual property law commons recommended citation. Status of laws, research and policy analysis in ghana, kenya, nigeria, south africa and ugandageorge m. Intellectual property bill must not water down freedom. Part iv argues that kenya s antisodomy laws are unconstitutional in light of the bill of rights and international human rights agreements to which kenya has legally bound itself. Comprehensive list of intellectualproperty lawyers colorado. African centre for technology studies acts ecopolicy series. Intellectual property rights in tanzania by ashiru. When you own a piece of property, its common to think that no one can tell you what to do with any part of it. Act cap 326 of the laws of kenya, by giving the breeder limited monopoly. The place of african customary law in kenya s legal system. Criminal,family,divorce,contract,labour,constitution,company,tax, property,tort,civil procedure and all other laws of kenya. Pdf industrial property rights acquisition in kenya facts, figures. Also excluded from registration are trademarks that are identical or confusingly. Its mandate is to develop, harmonize and promote intellectual property in the member states of the organization and in africa.
The study established that of all the 633 patent patents granted by the kenya industrial. He emphasized that patent law is a specialized field of endeavor and is a special form of the. Laws and practices is inherently fundamental to understand the basics and advanced principles related to intellectual property rights and on the similar end it is subject to the refinement of legislation, rules and regulations. Wp66 intellectual property systems 8 countries africa portal. The agency was established to prohibit trade in counterfeit goods in kenya. Intellectual property is the creation of the human intellectual process and is therefore the product of the human intellect or mind. Intellectual property and innovation in kenya and africa. Explore the legal doctrines at the core of the innovation economy and learn how legal rights and information shape.
Law of intellectual property law 435 5 course guide introduction the law of intellectual property aims at protecting the rights in the works of authors. Tax implications of assigning and licensing intellectual. Intellectual property rights in east africa harmonization. Heres how you can be sure your small business isnt on the hook. Criminal procedures and penalties for infringement of. Kenya protecting intellectual property privacy shield. Toward a human rights framework for intellectual property.
Intellectual property rights are designed to promote and protect the creations and inventions of the mind. The copyright act, 2001 chapter, as amended up to act no. Lack of appropriate policy in the field of intellectual property has denied the open university of tanzania an appropriate environment to advance in new frontiers of. Protection of intellectual property has only been addressed in other policies such as those governing research and publication as well as study materials. Kenyas journey towards a harmonized ip legal regime. Intellectual property organisation established by the convention signed at. This is a country where book piracy, film piracy and music piracy still reign supreme. April african regional intellectual property organization. Artistic and scientific innovations enjoy legal protection under the intellectual property rights. There are 5 main specialized intellectual property tribunals in kenya and they include. Kamil idris, director general, world intellectual property. They are not only instrumental in protecting the innovative and creative capacity of owners of ip and promoting competition in various industries, but also have to do with the welfare of the consumers of the goods and services to which they apply.
It covers every type of intellectual property right in depth and neighbouring rights, patents, utility models, trademarks, trade names, industrial. Clearly protect and promote kenya s obligations under the constitution of kenya, 2010 and international human rights law and standards to safeguard freedom of expression, access to information, press freedom, privacy and data protection. Intellectual property law in kenya wolters kluwer legal. The enforcement of intellectual property rights in kenya. Intellectual property referred to in this law concern the following two main branches. African regional industrial property organization aripo 18 b. May 17, 2011 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. Intellectual property has therefore grown into one of the worlds biggest and fastestgrowing fields of law thereby necessitating the demand for ip professionals well versed in this area to deal with iprs across the national. Explore the legal doctrines at the core of the innovation economy and learn how legal rights and information shape our lives. We now see many fake products which imitate trademarks and names of genuine foreign manufacturers being sold in the country from foreign countries. This act may be cited as the industrial property act, 2001 and shall come into operation on such date as the minister may, by notice in the gazette, appoint. How to maximize the value of your intellectual property, pp31, john pryor the innovation handbook, adam jolly.
Kenya industrial property institute kipi, ministry of trade and industry address. Intellectual property bill, 2020 kenya copyright board. An overview october 2016 infringement copyright is infringed by a person who, without the licence of the owner of the a does or causes to be done, an act the doing of which is controlled by the. Office of the assistant secretary for planning and evaluation office of the assistant secretary for planning and evaluation. It is instrumental to note that this law governs transactions outside kenya as long as the transaction touches a. These works generally include literary works, art works, musical works among others. The benefits of merging the establishment of a single, unified body, known as the intellectual property office, kenya ipok set up to handle all ip matters ranging from protection to enforcement would enhance coordination and create a one. Pdf intellectual property rights are seen as important in economic. Kenya protecting intellectual propertykenyaprotectingip details on intellectual property protection in austria is addressed within the investment climate statement chapter of this guide.
The three primary types of intellectual property are copyr. Revised edition 2014 2012 published by the national council for law reporting. Kenya s intellectual property bill, 2020, and its shortcomings in adopting all lawful trips public health flexibilities brook k. Nov 22, 2018 the authorities of kenya have published, on april 10th 2018, the statue law miscellaneous amendments bill, 2018, a legislation for the amendments of several laws, in which the industrial property act, 2001 no.
An abuse of an intellectual property right has been included in the new law to be an abuse of a dominant position. Call to build respect for intellectual property in kenya. Getty imagesfangxianuo your business may have intellectual property ips, t. Intellectual property is an internationally agreed system of incentives to support creators and innovators to release products useful for improved human experience. Intellectual property organization established by the convention signed at.
Find intellectualproperty lawyers and lawfirms colorado. According to the international telecommunication union itu, intellectual property rights are legal rights that protect creations andor inventions resulting from intellectual activity in the industrial, scientific, literary, or artistic fields. The patents act 1970, the trade marks act 1999, the geographical indications of goods registration and protection act 1999, the design act 2000, the semiconductor integrated circuits layoutdesign act 2000 and. Intellectual property and the new competition act in kenya. Intellectual property infringement can have serious consequences. Specialized intellectual property tribunals are established under specific laws made by parliament to deal with disputes that arise in the course of the regulation and administration of specific intellectual property law matters. Responsibilities general responsibilities for this position will include. The aca was established to more effectively protect and enforce intellectual property rights by being the primary agency dealing with counterfeit goods. The law in kenya is governed by the copyright act act no. Jun 27, 2019 copyright is a legal right created by the law of a country, that grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time, with the intention of enabling the creator e.
Intellectual property rights in east africa harmonization of. Amendments to the intellectual property act in kenya. It is surprising, then, just how little founders think about prote. Irs20181 intellectual property and innovation audit. Intellectual property and innovation audit, valuation, and commercialisation in kenya under this, there is patent, which is the certi. Assess ipr capacity in kenya focusing on laws, policies and institutions. Pdf recent developments in intellectual property law in uganda. Intellectual property and consumer protection in kenya. Find intellectualproperty lawyers and lawfirms illinois. Whether protected through, trade secret, trademark, or patents, software technology companies depend on ip more so than perhaps any other business type in history.
Derived from the renowned multivolume international encyclopaedia of laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in kenya. The african regional intellectual property organization aripo is an intergovernmental organization, which was established on 9 december, 1976 under the lusaka agreement signed in lusaka, zambia. She has practiced law in kenya under various capacities with a bias on intellectual property law, corporate and commercial law. When most people think of property, they imagine something tangible, such as real estate, jewelry, or computers. The copyright act, 2001 chapter, as amended up to act. Jun 05, 2020 summary of key recommendations to amend the intellectual property bill, 2020. Articles 11 and 40 of the constitution of kenya 2010 places obligation on the government of kenya to support, promote and protect the intellectual property rights of the people of kenya. Article 61 of the trade related aspects of intellectual property rights trips agreement obliges members to put in place criminal procedures and penalties for cases involving wilful trade mark counterfeiting and piracy on a commercial scale through remedies which include imprisonment andor monetary fines in ways sufficient to act as deterrent consistent with the. But intellectual property confers legal rights in intangible form.
Another protected right is the utility model um or petty patent which is used to. Kenya is a member the world intellectual property organization and the world trade organization. Comprehensive list of intellectualproperty lawyers illinois. Law of property in land i the concept and theory of property. She is working on the intersection of intellectual property law, innovation, startups, tech hubs and technology with an aim of informing the policy making process in kenya. This project is being submitted to the university of nairobi, kenya, for examination with. May 19, 2015 in a country such as kenya, the importance of intellectual property rights can hardly be overemphasised. Part iii examines kenya s new constitution, highlighting its bill of rights and the incorporation of international law into kenya s domestic law. Sound marks, olfactory marks and gustatory marks are not registrable in kenya. Ppt intellectual property rights in kenya maurine dommy. Kipi and are operated primarily under the industrial property act 2001 and the.
Konrad adenauer stiftung rule of law program for subsaharan africa mbaruk rd, hse no. Apart from the domestic laws, kenya is also bound by the international treaties and conventions, which set out wide ranging provisions for regulating intellectual property rights, to which it is a signatory. Privacy and data protection practices of digital lending. Introduction to intellectual property rights in kenya intellectual property intellectual property is a property that arises from the human intellect. This paper can be downloaded in pdf format from ielrcs website at. It is worth noting that tanzania is a member of the african regional intellectual property organization aripo and the world intellectual. There are 5 main specialized intellectual property tribunals in kenya. Tax implications of assigning and licensing intellectual property in kenya in the context of ip holding companies innovation plays an important role in the growth of a business and is increasingly becoming a strategic pillar for any organisation that wants to be successful in todays global economy.
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