Legal framework overview

Kenya’s intellectual property (IP) legal framework is built around three key statutes adopted following reforms in the 1990s, including:

• Industrial Property Act, No. 3 of 2001

• Trade Marks Act, Cap 506, Revised 2012

• Copyright Act, Cap 130, Revised 2019

• Anti-Counterfeit Act, No. 13 of 2008

Main authorities:

• KIPI (Kenya Industrial Property Institute) — patents, industrial designs, utility models and patent information services;

• Registrar of Trade Marks (under the State Department for Justice) — trade mark registration and administration;

• KECOBO (Kenya Copyright Board) — administration and enforcement of copyright and related rights.

Kenya is a member of WIPO, PCT, the Madrid System, the Hague Agreement, the Paris Convention, ARIPO and TRIPS.

International cooperation and regional alignment

• Kenya is a member of WIPO, PCT, the Madrid System, the Hague Agreement, ARIPO and TRIPS;

• Through ARIPO, applicants can obtain regional patent protection in up to 19 African member states;

• Cooperates with EPO, WIPO, USPTO and CIPC (South Africa) on search, examination and training;

• The national IP strategy Kenya IP Policy 2020‑2030 promotes digitalisation of IP registration and regional mutual recognition.

Trade mark system

Filing routes

• National applications may be filed directly with the Registrar of Trade Marks in Kenya;

• Alternatively, Kenya may be designated through the Madrid System (Madrid Protocol).

Classification

• Uses the Nice Classification for goods and services;

• Each class must be filed in a separate application; multi-class applications are not available.

Examination procedure

• Formal examination: approximately 1‑2 months;

• Substantive examination: approximately 6‑9 months;

• Opposition period: oppositions may be filed within 60 days from the date of publication.

Use and renewal

• Registration term: 10 years, renewable indefinitely for further 10-year periods;

• Non-use for 5 consecutive years may result in cancellation.

Examination features

• Examination languages: English or Swahili;

• Substantive review focuses on distinctiveness, conflicts with earlier rights and misleading content;

• Registration is available for service marks, certification marks and collective marks;

• Online system: KIPI eServices / Online Trade Marks Search.

Patent system

Types and terms of protection

• Invention patent (Patent of Invention): protection for up to 20 years from the filing date;

• Utility model: protection for up to 10 years from the filing date, with the possibility of a single extension.

Examination mechanism

• Invention patents are subject to full substantive examination by KIPI;

• A request for examination must generally be filed within 3 years from the filing date;

• Average examination timeframe is typically 24‑36 months.

International routes

• Kenya has been a PCT contracting state (since 1994);

• PCT international applications may enter the Kenyan national phase within the prescribed time limits;

• As an ARIPO member state, Kenya can also be designated in ARIPO regional patent applications.

System features

• Examination language: English;

• Applies the first-to-file principle;

• Granted patents must be maintained by paying annual renewal fees;

• Technical documentation must comply with WIPO standards;

• Search and examination results are shared with ARIPO, and some applications may benefit from parallel examination.

Industrial design protection

Legal basis

• Industrial Property Act, 2001, Sections 84‑92.

Scope of protection

• The appearance, lines, shape, colours and ornamentation of a product;

• Applies to both industrial and handicraft designs.

Term of protection

• Initial term of 5 years, renewable twice for 5 years each time, up to a maximum of 15 years.

Examination procedure

• Typical examination timeframe is around 6‑9 months;

• Examination language: English;

• Examination is limited to formalities and does not assess creativity.

System features

• One registration is effective throughout Kenya;

• Multiple designs may be combined in a single application where permitted by law;

• Kenya has been a Hague Agreement contracting party (since 2021), so applicants can designate Kenya through international design registrations;

• Official system: KIPI Designs Online Portal.