An assessment of the status of laws, research and policy analysis on intellectual property rights in kenya dr patricia kamerimbote. Laws governing intellectual property ip in kenya ip kenya. Of particular importance is the traditional medicinal knowledge in tanzania. The agency was established to prohibit trade in counterfeit goods in kenya. Andrew muma had a great input in giving me guidance in keeping consistency and flow of my work. Hi fellow law students, i am sharing lecture notes in ebook format pdf for the subject property law for llb and ba. Lecture 09 notes copyright and intellectual property. To ensure that you can financially benefit from these creations, you need to familiarize your self with intellectual property or ip law. Pdf intellectual property rights are seen as important in economic. Wp66 intellectual property systems 8 countries african. Inventors wishing to protect their inventions in these countries may file one application in kenya and designate any or all them.
Konrad adenauer stiftung rule of law program for subsaharan africa mbaruk rd, hse no. For longstanding public policy reasons, intellectual property laws have traditionally been intended to accomplish a balance between the need to support. Patent forms kenya industrial property institutehome. Provision of technological information to the public. 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. Intellectual property law by lionel bently, brad sherman doc. It is expected that this manual will be of significant help to people involved in innovation and invention activities towards protecting their intellectual property rights arising as an outcome of their efforts. Promoting and protecting intellectual property in kenya. Any person who does any unauthorized act in relation to this publication may be liable to. 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. He emphasized that patent law is a specialized field of endeavor. The kenya society has placed immense emphasis on tangible property such as land as a means of production and as a development mode.
Article 40 5 of the constitution of kenya, 2010 provides that the state shall provide support, promotion of as well as the protection of the intellectual property of the kenyan people. Considering kenyas intellectual property policy after trips. Download from this page patent, industrial design and utility model application forms. Information prejudicial to defence of kenya or safety of public. Forms can be downloaded and be handfilledpdf or you can download and. Pdf how can kenya tighten its intellectual property rights law. The copyright act, 2001 chapter, as amended up to act. Intellectual property law in kenya wolters kluwer legal.
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. Pdf the constitutional framework for the protection of. Other websites enable consumers to download music at a fee. Laws of kenya children act chapter 141 revised edition 2012 2010 published by the national council for law reporting with the authority of the attorneygeneral.
Providing an unrivalled account of the law in this area, this book also examines the ethical and policy influences which have shaped its development providing you with a solid basis for further exploration of the subject. 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 kenya anticounterfeit agency aca is a state corporation established under section 3 of the anticounterfeit act, 2008, laws of kenya. Intellectual property law by lionel bently, brad sherman books to read online. Pdf industrial property rights acquisition in kenya facts, figures. Most nations, including kenya, have an ip law, which helps convert ideas into ip assets by using regimes in the law to protect an idea. Ip is sometimes regarded as protecting the physical embodiment of an otherwise intangible asset. 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. 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. 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. The intellectual property laws such as those on patents were. The following are the major acts governing the protection of ip in kenya. Transferring technology for sustainable development.
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. The enactment of the industrial property act in 1989 gave birth. Kenya s newly gazetted competition law, cited as the competition act chapter 12 of 2010, laws of kenya the act is yet to be given a commencement date. A patent is a legally enforceable right granted by the government in return for disclosure of the invention to the public. Enforcement manual to combat illicit trade in kenya anti. The problem that this study has addressed is the failure of the existing conventional intellectual property regime to afford protection to traditional indigenous intellectual property, in particular traditional knowledge systems. Intellectual property laws amendment act act 28 of 20. Intellectual property rights have hitherto been ignored.
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. Kenya s national ip legislative framework is divided into law, trade mark law, industrial property law and anticounterfeiting law. The term intellectual property reflects the idea that this subject matter is the product of the mind or the intellect, and that intellectual property rights may be protected at law in the same way as any other form of property. Intellectual property law is interested in protecting the product of human mind or product of creation. Property at the university of nairobis school of law shared their views on. Despite the numerous legislative and regulatory efforts to streamline trade in kenya, the plague of illicit trade has continued to thrive in this country. How can kenya tighten its intellectual property rights law to ensure maximum benefit to the copyright owners. A study on intellectual property environment in eight countries. It covers every type of intellectual property right in depth and neighbouring rights, patents, utility models, trademarks, trade names, industrial. 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. Some common types of intellectual property rights ipr, in some foreign countries. Chapter 1 an overview of the intellectual property rights.
Faculty of law, university of nairobi for the kenya and south africa case. Intellectual property law in kenya september 20, 2017 lesson one. Moreover, changes in the global economic environment have influenced the development of business models where intellectual. It is a broad area of study that covers different from of rights like, trademarks, patents and. Intellectual property law by lionel bently, brad sherman mobipocket intellectual property law by lionel bently, brad. Patenting in kenya 1 introduction a patent gives the owner the exclusive rights to prevent others from manufacturing, using or selling the protected invention in a given country.
Intellectual property and the new competition act in kenya. Intellectual property rights and south africas innovation. Intellectual property and innovation law in kenya and africa. To access publications on intellectual propert by ip experts click he r e. South africa is also a signatory to various treaties and conventions that have a bearing on ipr, one of the most important being the agreement on trade related aspects of intellectual property rights trips.
Intellectual property rights law and practice intellectual property has increasingly assumed a vital role with the rapid pace of technological, scientific and medical innovation that we are witnessing today. Traditional intellectual property protection in tanzania. Promoting and protecting intellectual property in kenya get the document. Pdf intellectual property refers to intellectual creativity of a creator. Property law notes and cases pdf ebook download for llb. Online intellectual property law by lionel bently, brad sherman ebook pdf download. Intellectual property rights in east africa harmonization. Centre for intellectual property and information technology law. Intellectual property law is that area of law concerned with legal rights associated with creative effort or commercial reputation and goodwill. Intellectual property has these commercial characteristics, but none of the physical attributes of ordinary, real or tangible property. Sihanya announced the arrival of his longawaited book titled. This paper can be downloaded in pdf format from ielrcs website at.