This act may be cited as the industrial property act, 2001. 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. The state here is kenya and the office is kenya intellectual property institute kipi. Provision of technological information to the public. In 2008, kenyas anticounterfeit act established the anticounterfeit agency aca, to lead and coordinate the kenyan government efforts to combat counterfeit goods in kenya. Faculty of law, university of nairobi for the kenya and south africa case. Laws governing intellectual property ip in kenya ip kenya. 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. The enactment of the industrial property act in 1989 gave birth. Any person who does any unauthorized act in relation to this. Free property law books download ebooks online textbooks. Intellectual property organisation established by the convention signed at stockholm on the 14th july, 1967.
Learn all theres to know about intellectual property law. Sihanya announced the arrival of his longawaited book titled. An assessment of the status of laws, research and policy analysis on intellectual property rights in kenya dr patricia kamerimbote. Methodology for the development of national intellectual property. It is worth noting that tanzania is a member of the african regional intellectual property organization aripo and the world intellectual. It is important to note that print sources are often better than electronic ones for getting a.
The following are the major acts governing the protection of ip in kenya. The study sampled opinions of 2 micro and small agrofood. However, you do not own the intellectual property contained. 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. Ip automation at the kenya industrial property institute. Wipo has launched a new search functionality for its global patent database, patentscope, to facilitate the location and retrieval of information contained in published patent documents that may be useful for innovators developing new technologies to fight the covid19 pandemic. Cipit centre for intellectual property and information. The aca was established to more effectively protect and enforce intellectual property rights by being the primary agency dealing with counterfeit goods.
The intellectual property laws such as those on patents were designed to. 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. Kenya is the industrial property act, 2001 while the law that relates to. Kenya has relatively modern intellectual property ip laws and is also a signatory to. Intellectual property lawyers, law firms in kenya for.
We specialize in conveyancing and commercial law, litigation, intellectual property, maritime law, arbitration, mediation and business establishment. What is property an inquiry into the principle of right and of government. 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. An example of these regimes is the free trade agreements that. One of the major problems is that many african countries are not properly signed up to global protocols protecting intellectual property rights, so this has made africa. Intellectual property rights intellectual property ip is a term referring to creation of the intellect the term used in studies of the human mind for which a monopoly from greek word monos means single polein to sell is assigned to designated owners by law. Information prejudicial to defence of kenya or safety of public.
Kenyas national ip legislative framework is divided into law, trade mark law, industrial property law and anticounterfeiting law. Pdf intellectual property rights are seen as important in economic. Nairobi, kenya intellectual property lawyers and law firms. Artistic and scientific innovations enjoy legal protection under the intellectual property rights. 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. Transferring technology for sustainable development. The lack of intellectual property creates an unstable market and risk on investments in the industry. Invention means a solution to a specific problem in the field of technology. Policy on intellectual property in kenya free download as powerpoint presentation. Intellectual property rights are designed to promote and protect the creations and inventions of the mind. Ipr intellectual property rights kari kenya agricultural research institute. Intellectual property law deals with the rules for securing and enforcing legal rights to inventions, designs, and artistic works.
Intellectual property and innovation law in kenya and africa. Works of architecture in the form of buildings are artistic works and are able. Policy on intellectual property in kenya intellectual. Madrid agreement concerning the international registration of trademark. 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. Kenya s national ip legislative framework is divided into law, trade mark law, industrial property law and anticounterfeiting law. Report on the protection and enforcement of intellectual property. Wipo launches new search facility to support covid19 innovation efforts. Pdf industrial property rights acquisition in kenya facts, figures. This paper can be downloaded in pdf format from ielrcs website at. Our head office is located in nairobi, but we also have offices in mombasa and nyeri. 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.
Pdf intellectual property refers to intellectual creativity of a creator. Some common types of intellectual property rights ipr, in some foreign countries. Feel free to use the past paper as you prepare for your upcoming examinations. Just as the law protects ownership of personal property and real estate, so too does it protect the exclusive control of intangible assets. Intellectual property rights in east africa harmonization. The following decisions summarize some of the key principles of intellectual property law developed and crystallized by the high court of kenya. When intellectual property rights are violated, it is important to hire an. 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. The law and practice of evidence in kenya download ebook. Intellectual property laws amendment act act 28 of 20. These principles have now come to be recognized as part of the law of kenya on the intellectual property regime in question. Also, through provision of free practical programs that can be part of the. Promoting and protecting intellectual property in kenya get the document. Intellectual property has these commercial characteristics, but none of the physical attributes of ordinary, real or tangible property.
The selfpublished tome is just shy of 700 pages which is not surprising since it rehashes sihanyas entire body of work dating back to his 1991 ll. Intellectual property rights in tanzania by ashiru. This is at a time when foreign companies are investing in the local tech scene, entering into partnerships, signing up software service. The kenya plant health inspectorate service kephis. Lecture 09 notes copyright and intellectual property. Intellectual property in technological innovations ihub. The main purpose of intellectual property law is to encourage the creation of. The enforcement of intellectual property rights in kenya. Click download or read online button to get the law and practice of evidence in kenya book now. To get a patent one must have an invention, it must be new novel.
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. Occupation and civil law as efficient bases of property, labor as the efficient cause of the domain of property, sychological exposition of the idea of justice and in justice, and a determination of the principle of government and of right. 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. Industrial property act world intellectual property. In light of the above, this study used the kenya industrial property kipi database of all. There are strict laws in place to protect intellectual property rights. Welcome, to the official website of the kenya industrial property institute kipia parastatal under the ministry of industry, trade and cooperatives. The indian experience, a posttrips agreement the agreement on traderelated aspects of intellectual property rights example, shows a state and its agencies which are very active in the process.
Case study of kenyas specialized intellectual property rights court regime. Find intellectual property law offices and lawyers in kenya for your city. Coast northern eastern mt kenya north rift south rift. This site is like a library, use search box in the widget to get ebook that you want. Find university of nairobi intellectual property law previous year question paper. The centre for intellectual property and information technology law cipit is a part of strathmore law school, and is an innovative centre for evidencebased research and training in intellectual property and information technology law and policy. Intellectual property law in kenya wolters kluwer legal. Payment is not the basic issue in intellectual property, the issue is who exercises skill and judgment.
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