Your brand, your creative work and your inventions are often among your most valuable assets. We help individuals and businesses protect them and, where necessary, defend them.
Protecting what your ideas and brand are worth
Intellectual property is the value created by the mind: a business name and logo, a song or book, a software program, a product design, a recipe or a method. For many businesses and creators, these assets are worth more than their equipment or stock, yet they are often left unprotected. Our intellectual property advocates help individuals and businesses in Kenya to secure their rights, use them commercially and defend them when others take advantage.
The main forms of intellectual property in Kenya are trademarks, copyright and related rights, patents, industrial designs and utility models, and trade secrets. They are governed by laws such as the Trade Marks Act, the Copyright Act and the Industrial Property Act, and administered by bodies including the Kenya Industrial Property Institute and the Kenya Copyright Board.
Registering trademarks and brands
A trademark identifies the source of your goods or services, whether it is a name, logo, slogan or combination of these. Registering it with the Kenya Industrial Property Institute gives you the exclusive right to use it for the registered goods and services and lets you stop others from using a confusingly similar mark. We search the register to check that your mark is available, prepare and file the application, respond to objections and monitor the process through to registration and renewal.
Choosing a name and registering the company is not the same as protecting a brand. A business name registered at the company registry does not give you trademark rights, and many entrepreneurs discover this only when a competitor starts using a similar name. Registering early is simpler and far cheaper than fighting later.
Copyright, licensing and agreements
Copyright arises automatically when an original literary, musical, artistic or audiovisual work, or a software program, is created, but proving ownership and managing rights still requires care. We advise creators, publishers, producers and businesses on ownership of works, assignments, commissioning agreements, and licences that allow others to use your work on agreed terms and for fair payment. For musicians and other artists, we advise on collective management and royalties.
We also prepare confidentiality agreements, technology and franchise licences, and employment and consultancy contracts that make clear who owns what is created. These documents are often overlooked and are a common source of later disputes.
Enforcement and infringement disputes
If someone copies your work, uses your brand without permission or sells counterfeit goods, we can act. We begin by gathering evidence and sending a firm letter demanding that the infringement stops. If that does not work, we can apply to the High Court for injunctions, damages and other remedies, and work with the relevant agencies to deal with counterfeit goods. If you have been accused of infringement, we review the claim and defend you or negotiate a sensible resolution.
If you are launching a brand, publishing creative work or have a dispute over ideas or products, contact us early. Bring any logos, drafts, agreements and examples of the problem, and we will advise on the best protection and the steps to take.
Protect first, announce later
Timing matters in intellectual property. Publishing a product design or invention before applying for protection can weaken or destroy your rights, and launching a brand before registration invites copycats. Where you can, speak to us before you go public with a new name, product or creative project. A short conversation at that stage costs little and may save you from having to rename a business or defend a claim after you have invested in marketing.
At a glance: what we handle
- Trademark registration and renewals
- Copyright and creative works
- Licensing and assignment agreements
- Infringement disputes and enforcement
- Brand protection for businesses