Key Government Agencies Shaping IP Rights in Kenya

In Kenya, registration of marks is governed by the Trademarks Act, Cap 506 of the Laws of Kenya.

Trademark infringement disputes are initially heard by the High Court. The High Court has jurisdiction to handle such cases and is an important venue for resolving legal disputes related to intellectual property rights.

If parties involved in a trademark infringement case are unable to reach a resolution at this level, they may appeal to higher courts for further review and final judgment.

The Kenya Industrial Property Institute (KIPI) is the government agency responsible for administering intellectual property rights in Kenya. KIPI regulates

• Trademarks. 
• Certification marks.
• Patents.
• Industrial designs, and 
• Utility model certificates.

The Industrial Property Tribunal, established under the Industrial Property Act, hears and determines cases of patent, utility model, and design infringements.

The key functions of the Institute are to:

• Consider applications for grant and registration of industrial property rights ( Patents, Industrial Designs, Utility Models and Trademarks ).
• Screen technology transfer agreements and licenses.
• Provide to the public, industrial property information for technological and economic
  development.
• Promote inventiveness and innovativeness in Kenya; and
• Organize and conduct training, competitions and awards relating to industrial
  property matters.

The Kenya Copyright Board (KECOBO) is a state corporation under the Office of the Attorney General and the Department of Justice. It was established by the Copyright Act 2001 to administer and enforce copyright and related rights.

The Kenya Copyright Board is mandated to enforce copyright and related rights in Kenya. The Board currently has a legal and enforcement department with 5 prosecutors and 10 copyright inspectors.

The Anti-Counterfeit Authority was established under the Anti-Counterfeit Act 2008 to combat counterfeiting. Its mandate includes:-

• Educating the public on counterfeiting.
• Combating counterfeiting trade and dealings.
• Developing and promoting anti-counterfeiting training programs.
• Coordinating with national, regional, and international anti-counterfeiting organizations.

The Anti-Counterfeit Act provides a means of enforcing intellectual property rights related to trademarks and copyright, where these rights are infringed through counterfeiting activities. It allows for the seizure and destruction of counterfeit goods by its inspectors and imposes criminal sanctions and penalties against offenders.

The Kenya Plant Health Inspectorate Service (KEPHIS) is a State Corporation established in October 1996. The Corporation's activities and services involve offering inspectorate services on all matters related to plant health and quality control of agricultural inputs and produce.

KEPHIS plays a role in protecting plant varieties through plant breeders’ rights. It ensures that new plant varieties are registered and protected.

IP laws in Kenya are contained in the following Acts and associated regulations:

• Constitution of Kenya, 2010 (Constitution).
• Industrial Property Act, 2001.
• Trade Marks Act, 2001.
• Copyright Act, 2001  and
• Anti-Counterfeit Act, 2008.