Biodiversity, traditional knowledge and intellectual. The introduction of kenya s first data protection act 2019 the act, brings an end to the era of navigating the murky waters of the previous disjointed framework of data protection legislation. This book takes a sectoral approach to iprs, clearly illustrating. Kenya industrial property institute is a government parastatal that administers intellectual. Definition section 3 1 of the act defines a sale of goods as a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money.
Intellectual property and the new competition act in kenya. Kipi operates under the industrial property act 2001. Provision of technological information to the public. However, it is also possible to obtain a patent through the african regional intellectual property organization aripo, which is a regional intergovernmental organization, based in.
Biodiversity, traditional knowledge and intellectual property in kenya the legal and institutional framework for sustainable economic development iii table of contents acronyms vi acknowledgements viii executive summary 1 1 international agreements governing biodiversity and bioprospecting in kenya 5 1. The international property rights index ipri 2007 report ranked south africa 21st out of 70 countries. Intellectual property law is that area of law concerned with legal rights associated with creative effort or commercial reputation and goodwill. Intellectual property rights in kenya edited by moni wekesa and ben sihanya. To get a patent one must have an invention, it must be new novel. Industrial property act, 2014 uganda legal information. Yet we know it as property because it can be bought and sold, exchanged, traded, hired out. The act is a significant milestone of which all kenyans should be proud. 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.
The twin issues of rule of law and trade find expression in intellectual property. 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. Information prejudicial to defence of kenya or safety of public. The study evaluated the legal and political environment, physical property rights and ipr of a country. Laws governing intellectual property ip in kenya ip kenya. Intellectual property and the new competition act in kenya future competition in the world is ip competition chinese premier, wen jiabao. The data collection took a period of one month, followed by 2 weeks of analysis, design, and reporting. Understand the trends of intellectual property process in technological innovations in kenya. It is worth noting that tanzania is a member of the african regional intellectual property organization aripo and the world intellectual. The constitution of kenya 2010 on its promulgation proved itself as a force to reckon with when it came to the protection of intellectual property rights in kenya. Act 33 industrial property act 2014 e an action for infringement of the patent shall lie under this act only if the alleged infringement occurred on or after the commencement of this act, and in any other case may be referred to the industrial property office and disposed of as if this act had not been enacted.
Intellectual property law in kenya september 20, 2017. In kenya all matters related to are regulated by an act of parliament 1 and the regulations 2 made there under. Ipa industrial property act kenya ipit court central intellectual property and international trade court thailand. This is not to say that before it there was no actual protection of intellectual. Section 3 of the act establishes the kenya industrial property institute kipi. Under section 6 c and d of the act, it is provided that the act applies to persons affiliated with acquisitions of shares or other assets outside of kenya ensuing change of control in a business or asset in kenya. On the other hand, intellectual property, is intangible, it is not a thing. Kenyan entity or asset, inclusive of intellectual property generated or protected in kenya. Intellectual property rights and south africas innovation. Intellectual property laws amendment act act 28 of 20.
The act is a reproduction of the english sale of goods act 1893 which was made part of the kenya law by the colonial administration in kenya on 1st october 1931. Analysis of the data protection act 2019 in kenya bowmans. Request for a certificate of right to inspect files for purpose of section 293 of the act. Promoting and protecting intellectual property in kenya get the document. Industrial property journal means a journal published by the institute mainly for the purpose of advertising industrial property applications and for. Intellectual property has these commercial characteristics, but none of the physical attributes of ordinary, real or tangible property.
Accordingly, the department of justice has created this guide for victims to facilitate the flow of critical information from victims of intellectual property crimes to law enforcement authorities. Summary of the industrial property act 2001 ip kenya. There are many types of intellectual property, and some countries recognize more than others. This paper explains the value of intellectual property and why it is important to kenya s integration into the global economy. In 1988 we had exhibited what kenya was producing in the jua kali sector the nyayo era exhibition which coincided with kenya enacting the intellectual property act. The state here is kenya and the office is kenya intellectual property institute kipi. Promoting and protecting intellectual property in kenya. Download from this page patent, industrial design and utility model. 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 access to information act, 2016. Intellectual property rights in east africa harmonization. The enactment of the industrial property act in 1989 gave birth. An assessment of the status of laws, research and policy analysis on intellectual property rights in kenya dr patricia kamerimbote.
Intellectual property rights are designed to promote and protect the creations and inventions of the mind. Pdf intellectual property rights are seen as important in economic development for at least. Pdf the constitutional framework for the protection of. Law on the protection of intellectual property rights pdf. Doj, computer crime and intellectual property section ip victims guide page 7. An act of parliament to give effect to article 68 of the constitution, to revise, consolidate and rationalize land laws. The land act of kenya defines a lease as the grant, with or without consideration, by the proprietor of land of the right to the exclusive possession of his or her land. It is interesting to note that the ipri ranking has a direct relationship with the gdp of a country. Intellectual property and plants introduction intellectual property protection for living organisms is not a novel or recent phenomenon. The inventor is that person who has brought out a new process or a new invention. Information on foreign industrial property systems japan patent.
Among the key challenges are weak policy framework to facilitate effective. Intellectual property has therefore grown into one of the worlds biggest and fastestgrowing fields. This paper can be downloaded in pdf format from ielrcs website at. There exists a constitutional underpinning that obliges the state to support, promote and protect the intellectual property rights of the people of kenya. The most wellknown types are s, patents, trademarks, and trade secrets. Request for authority to file a patent application outside kenya. Intellectual property contributes millions of kenya shillings to the local economy in form of employment, government revenue, and consumer spending on branded and new commodities that are the result of intellectual property. Intellectual property in technological innovations ihub.
Kenya industrial property institute and for purposes incidental thereto and connected therewith act no. Revised edition 2010 1962 published by the national council for law reporting with the authority of the attorney general. The intellectual property laws amendment act 28 of 20 aims. Interpretation in this act, unless the context otherwise. Intellectual property and plants princeton university. An act of parliament to facilitate the use of movable property as collateral for credit facilities, to establish the office of the registrar of security rights and to provide for the registration of security rights in movable property and for related purposes enacted by the parliament of kenya, as follows part ipreliminary 1. The following are the major acts governing the protection of ip in kenya. Kenya s national ip legislative framework is divided into law, trade mark law, industrial property law and anticounterfeiting law. The constitutional framework for the protection of intellectual property rights in kenya by allan tuli llb hons, catholic. Kenya industrial property institute kipi is responsible for examining and granting patents in kenya. Intellectual property and innovation in kenya and africa. Property and entertainment law committees international survey of specialized intellectual property courts a8.
What is a patentable invention under ipa a patent is defined as a solution to a specific problem. Intellectual property rights in tanzania by ashiru. The main object of this act is to provide for the promotion of inventive and innovative activities, to facilitate the acquisition of technology through the grant and regulation of patents, utility models, technovations and industrial designs. Intellectual property ip is a category of property that includes intangible creations of the human intellect. Proprietary protection specifically for plant varieties has evolved in the united states over the last 60 years.
Trade and service marks download trademark forms,fees schedule and trademarks act from the downloads menu a trade mark is a sign which serves to distinguish the goods of an industrial or a commercial enterprise or a group of such enterprises. The commencement date of this act is 25 november 2019. Restrictions on applications abroad by kenya residents. Objects of the act the object of this act is to enhance the welfare of the people of kenya by promoting and protecting effective competition in markets and preventing unfair and misleading market conduct throughout kenya, in order to. To access publications on intellectual propert by ip experts click he r e. 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. Kipi is the main implementation and administration agency. Industrial property act world intellectual property. Kenya industrial property institute is a government parastatal that administers intellectual property rights kenya industrial property institutehome protecting industrial property rights. Kenya is the industrial property act, 2001 while the law that relates to copyrights in. Anticountefeiting act,2008 kenya competition act no. It is a broad area of study that covers different from of rights like, trademarks, patents and. Pdf industrial property rights acquisition in kenya facts, figures.
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