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FILE NO. IP-05

Intellectual Property

Safeguard your brand and creations.

Legal Basis

Trade Marks Act (Cap. 506) · Industrial Property Act No. 3 of 2001 · Copyright Act (Cap. 130) · Anti-Counterfeit Act No. 13 of 2008 · KIPI · KECOBO · Madrid Agreement and Madrid Protocol

Overview

Your business name, logo, product design, software, creative content, and proprietary processes are assets. In Kenya’s increasingly competitive market, failing to register and protect these assets creates risk. Our Intellectual Property department protects what you create, under the laws that govern it.

What We Do

  • Trademark Registration \u2014 We conduct clearance searches (Form TM27), file applications with KIPI, and manage the registration process. Registration grants exclusive rights for 10 years, renewable indefinitely. Kenya is a member of the Madrid Protocol.
  • Trademark Monitoring & Enforcement \u2014 We monitor the KIPI Industrial Property Journal during the 60-day opposition window and pursue infringers through cease-and-desist notices, KIPI dispute procedures, and High Court litigation.
  • Copyright Protection \u2014 Copyright in Kenya is automatic upon creation of an original work under the Copyright Act (Cap. 130) and is administered by KECOBO. Protection lasts for the author’s lifetime plus 50 years.
  • Patents & Industrial Designs \u2014 We advise inventors on patentability, file patent applications with KIPI under the Industrial Property Act, 2001, and protect product designs from copying.
  • IP Licensing & Assignment \u2014 We draft licensing agreements for trademarks, copyright works, and patents, and advise on IP assignments as part of business acquisitions and franchise arrangements.
  • Brand Protection for SMEs \u2014 We offer an accessible brand audit and registration service designed specifically for growing businesses that operate without trademark protection.

Diaspora Advantage

Diaspora Advantage

  • Register your Kenyan trademark or brand remotely before launching a business or product in Kenya
  • Protect intellectual property created abroad that you intend to exploit in the Kenyan market
  • File international trademark protection via the Madrid Protocol with Kenya as one of the designated countries
  • Enforce copyright over Kenyan-published or distributed content in your absence, including through KECOBO
  • Advise on IP ownership structures for businesses with both Kenyan and foreign shareholders or collaborators

Book a Consultation

Our Intellectual Property team is ready to advise. Book a free initial consultation \u2014 by phone, WhatsApp, or in person at our Ngong office.

WhatsApp 0707 329 013 \u00b7 contact@nkm-advocates.co.ke