This archive report was first published on 10 May 2020.
Kenya is set to review its intellectual property laws, aiming to spur innovation and economic growth. The country has been ranked as the second most innovative in Africa, with a strong presence of global innovations.
Currently, intellectual property law in Kenya is governed by multiple piecemeal laws, including the Industrial Property Act, Trademarks, and Copyrights. However, the proposed Intellectual Property Bill 2020 seeks to harmonize these laws into one comprehensive law, the Intellectual Property Act (IP Act).
The IP Act will include all classes of legislations under one law and will lead to the creation of one statutory body, the Intellectual Property Office, to administer intellectual property in Kenya. This move is expected to simplify the administration of intellectual property rights and promote innovation.
Harmonization of the law has its advantages, as seen in countries like Rwanda, whose intellectual property law was drafted with aid from the World Intellectual Property Organization (WIPO). The proposed law also provides for an intellectual policy and strategy, which the old laws lacked.
However, a major concern has been raised that the new law has largely omitted the detailed procedures and processes. It is suggested that a follow-up law providing details on procedures and processes would be necessary to complement the IP Act.
As the Bill is passed, it is hoped that sufficient resources will be allocated to the proposed entity, which has a wide mandate to administer intellectual property rights, fight counterfeits, and promote innovations.
