Intellectual Property
Lawyers in Kenya

Both are filed with KIPI under the Industrial Property Act 2001, but they serve different purposes. A patent protects new inventions that involve an inventive step and are industrially applicable — it grants a 20-year monopoly (non-renewable) from the filing date. A utility model protects minor or incremental innovations — it requires novelty and industrial applicability but not an inventive step. Utility models are cheaper, faster to register and grant a 10-year monopoly. Patents undergo substantive examination; utility models undergo only formal examination. The choice depends on the nature of your innovation, your budget and your commercial timeline. We advise on the most appropriate filing strategy for your specific invention.

Copyright arises automatically in Kenya upon creation of an original literary, musical, artistic, audio-visual or sound recording work — you don't need to register it to own it. However, registration with the Kenya Copyright Board (KECOBO) under the Copyright Act 2001 provides critical advantages: (1) it creates a public record of ownership and the date of creation; (2) it serves as prima facie evidence of ownership in court proceedings; (3) it significantly strengthens enforcement actions — courts, the ACA and online platforms treat registered works more seriously; and (4) it's required for some licensing and collective management arrangements. Registration is straightforward and inexpensive — and we strongly recommend it for any commercially valuable creative work, software or content.

There are three main routes: (1) ARIPO (Banjul Protocol) — a single application filed through the African Regional Intellectual Property Organization covers up to 22 member states in Eastern, Southern and West Africa (including Kenya, Tanzania, Uganda, Rwanda, Malawi, Mozambique, Zimbabwe and others). This is the most cost-effective route for multi-country African trademark protection. (2) Madrid Protocol — Kenya is a member of the Madrid System, allowing you to file a single international application through WIPO that designates any of 130+ member countries worldwide, including most African nations. (3) Direct national filings — filing separately in each country's trademark office. We typically recommend a combination of ARIPO and Madrid depending on your target markets, budget and timeline. We handle all three routes from our Nairobi office.

Kenya has strong anti-counterfeiting legislation — the Anti-Counterfeit Act 2008 and the Anti-Counterfeit Authority (ACA). Your options include: (1) filing a complaint with the ACA, which has powers to inspect premises, seize counterfeit goods and prosecute offenders; (2) recording your trademark with KRA Customs to intercept counterfeit imports at the border; (3) applying to the High Court for an Anton Piller order (a surprise search-and-seizure order); (4) filing a civil suit for trademark infringement, passing off and damages in the High Court; (5) criminal prosecution under the Anti-Counterfeit Act (which carries fines and imprisonment); and (6) online enforcement — marketplace takedowns, social media reports and domain disputes. We coordinate multi-channel enforcement strategies that hit infringers from every angle.

Timelines vary by IP type: Trademarks — typically 12–18 months from filing to registration (including the 60-day opposition period), though it can be faster if no objections or oppositions arise. Patents — typically 3–5 years due to substantive examination, though protection dates back to the filing date. Utility Models — faster than patents, typically 6–12 months as they only undergo formal examination. Industrial Designs — typically 6–12 months. Copyright — registration with KECOBO is relatively quick, usually within a few weeks. All timelines depend on KIPI/KECOBO workload and the complexity of the application. We file applications promptly and proactively follow up to minimise delays.