To understand what industrial property is, we need first to understand a broader term, intellectual property (IP). The World Intellectual Property Organization (WIPO), a United Nation (UN) agency in charge of IP, says Intellectual property refers to creations of the mind, such as inventions, literary and artistic works; designs; and symbols, names and images used in commerce and it is divided into the following types of rights:-

•  Patent rights that deals with protection of inventions. Patents are granted by KIPI under the Industrial Property Act, 2001;
• Utility Model rights that deals with protection of innovations. Utility model rights are granted by KIPI under the Industrial Property Act 2001;
• Industrial design rights that deal with protection of shapes and ornamental aspects of products of industry. Designs are granted by KIPI under the Industrial Property Act 2001;
• Technovations. This is a recognition certificate given by an employer to an employee where the employee provides a solution to a specific problem within the company;
• Trade Mark rights that relate to signs and symbols for distinguishing goods and services of different enterprises. Trademarks are registered by KIPI under the Trade Marks Act;
• Copy rights and related rights, administered by the Kenya Copyright Board (KECOBO) under the Copyright Act 2001, and also by collective management organizations (CMOs) such the Music Copyright Society (MCSK), KOPIKEN and performers ' rights society of Kenya (PRISK);
• Plant Breeders rights administered by Kenya Plant Health Inspectorate Service (KEPHIS); and
• Trade secrets/confidential information.  A trade secret is Company's information that is not generally known to the public and confers economic benefit on its holder and of which the owner has taken measures to keep it secret. An example is the Coca-Cola recipe. If a trade secret is stolen or acquired through illegal means, the owner can seek remedy in Court.

No, it is neither a learning institution per se nor does it deal with property like selling land and houses. Instead, it is a Government institution mandated to register/grant industrial property rights, screen technology transfer agreements and licenses, provide industrial property information for technological and economic development to the public, and promote inventive and innovative activities in Kenya. The Institute is in charge of implementing two Acts- the Industrial Property Act and the Trademarks Act Cap 506, which deals with registration of Trade and Service marks.

Like any other form of property, intellectual property can be immensely valuable to its owners as well as to the economy at large if well protected and harnessed. Individual owners have the option of utilizing the intellectual property that they create themselves, licensing it out to others in exchange for royalties or selling (assigning) their rights to other entities for a fee.  Owners, therefore, need to determine for themselves the appropriate strategy that they will adopt.  In such instances, the monetary benefit derived will depend on the value attached to the intellectual property by the market. The economy, on the other hand, will benefit as a result of the enhanced competitiveness of the products and services being offered to consumers.  More competitive industries mean more jobs.   Increased efficiency in production as a result of new processes should also lead to lower costs, which can then be passed on to consumers.  Consumers thus benefit from a wider selection of goods and services of better quality being offered at a lower price. As a country, Kenya appreciates the value of IP and this is why it has developed a vibrant and comprehensive legal and institutional framework to protect, facilitate and promote intellectual property rights.

You need to fill Form TM27 and pay a fee of Kshs. 3,000 to carry out a search to ascertain whether your trade mark, brand name and logo or signature or slogan is already registered by another entity in Kenya. Once you have carried out one (search) and confirmed the trade mark is not registered in Kenya, then you will apply for registration by filling Form TM2 with a fee of Kshs. 4,000 You can copy and paste the artwork/logo in the space provided or attach to the application form. You can scan the forms after filling accordingly and email them to trademark@kipi.go.ke and then pay the requisite fees through M-Pesa ONLY after we receive the forms and instruct you to pay. Thereafter you will be required to pay advertisement fee of Kshs. 3,000. You will then wait for 60 days. If after the 60-day period elapse and there is no objection from a third party, you will be required to pay Kshs. 2,000 registration fee. The total cost adds up to Kshs. 12, 000 which you can pay in stages as indicated above. All requisite form and a co mplete breakdown of fees levied are available on our website www.kipi.go.ke. Alternatively, we can email them to you on request via communication@kipi.go.ke

This is a myth. Under the intellectual property law, Kiondo enjoys protection as information in the public domain, which cannot be subject to exclusive rights in favour of an individual against others while the kikoi is protected as a generic name of a product that should be available for use by all/the community.

It is no cause for alarm. For the record, Disney has held the trade mark Hakuna Matata since 1994 and has been renewed after every subsequent 10 years. First, trade mark registration is territorial, restricting a certain trade mark e.g. Hakuna Matata in this case to the country or countries the owner has designated or chosen. This means it may not grant one exclusive rights of use in areas where the words are obvious or ordinary such as in East Africa since the trade mark will be granted subject to the applicant disclaiming the exclusive use of the words. Secondly, trade mark registration has different class of business under an internationally agreed system called the Nice Classification. So, a trade mark granted in one class does not stop another applicant applying for an almost similar mark under a different class.

There are various avenues through which inventors/innovators can seek to enforce their IP rights when they feel they have been infringed. There is the Industrial Property Tribunal, Anti-Counterfeit Authority (ACA) and the High Court of Kenya.
As an Institute, we are continuously sensitising and training our inventors/innovators on the importance of protecting their IP rights at various forums through our outreach programme such as:-

• Informing them through the media such as the Biashara Tuesday;
• Shows, exhibitions and trade fairs as well as county investment conferences;
• Seminars, workshops and conferences;
• Industrial visits;
• Students’ Kenya Science and Engineering Fair (KSEF), formerly the Kenya National Science Congress;
• Publications and brochures;

An online presence at www.kipi.go.ke and the use of social media –Twitter, Facebook, LinkedIn, Instagram etc
For example, we have been advising them that before they reveal their inventions/innovations to third parties they should either protect it with us first or sign a non-disclosure agreement (NDA) before entering into any commercial dealings with potential partners or other third parties.

Yes, one can, however, there is a risk. The registration of the mark may be opposed and, if the opposition is successful, the mark may be refused registration. Also, a mark can be owned through use. Note that failure to use a trade mark for five years would see anyone petitioning the Registrar of Trade Marks to expunge it from the Trade Mark Register. Also, using a trade mark without registering it will deny a trade mark owner any right to sue for infringement under the Trade Marks Act.

Applications (Apps) and software fall under the Copyright Law in Kenya, which you would be better handled by the Kenya Copyright Board (KECOBO). Their offices are on the 5th Floor NHIF Building, Upper Hill area, Nairobi. Their contacts are info@copyright.go.ke or Tel: +254 0713761758 and +254 0756460413. If, however, you will give your app or software a trade name, you may also acquire a trade mark. If so, you can contact us via communication@kipi.go.ke to advise you on the process of registering a trade mark.