Innovator

Who is an Innovator?

Innovators pioneer something new or modify anything established.

Have any questions about Intellectual property? Read through the types of intellectual property for deeper insight on your creation(s) and if you have more questions, we have a free IP clinic just fill in the form at the bottom of the page.

Industrial Design

Industrial designs protect the aesthetic aspects (shape, texture, pattern and colour) of an object, rather than its technical features.

 

Learn more about Industrial designs from Kenya Industrial Property Institute here

Trademarks

A trade mark may include a symbol, sign, word, signature (e.g. Cadbury’s), smell or scent, shape, letter, numeral, coloured mark and audible sign (sound mark or ringtones). A heading, title, device, slogan (e.g. Obey your Thirst – Sprite) or any other mark that distinguishes the products or provider from those of others.

[Source: Intellectual Property and Innovation Law in Kenya & Africa: Transferring Technology for Sustainable Development – Ben Sihanya(2016)]

Learn about the trademark process through Kenya Industrial Property Institute here and trademark process on our resource page.

Copyright

Copyright is defined as a set of exclusive rights enjoyed by the author/creator of an original work, including the right to reproduce (e.g. copy), distribute or adapt the work. Copyright doesn’t protect ideas, only their expression or fixation. In most jurisdictions, copyright arises upon fixation & does not need to be registered. Registration at the Kenya Copyright Board (KECOBO) aids the creator/owner to prove ownership/authorship in case of a dispute or violation of one of their exclusive rights.

Plant Breeder Rights

Granted to breeders of new, distinct, uniform & stable plant varieties.

The Seeds and Plant Varieties Act Chapter 326 regulates the testing and certification of plant varieties and the granting of property rights to individuals. The fourth schedule of the Seeds and Plant Varieties Act grants plant breeders’ rights are granted where the plant variety is morphologically, physiologically or otherwise sufficiently distinguishable by one or more characteristics from commonly known varieties; uniform or homogeneous in its reproduction features and stable in its essential traits.

Rights are granted for a period of 25 years for trees & vines and 20 years for other seeds and plant varieties. [Property Law: Kariuki, Ouma, Ng’etich 2016]

Learn more from Kenya Plant Health Inspectorate Service (KEPHIS) here.

Utility Models

Utility models are granted for inventions with fewer requirements than patents, referred to as petty or lesser patents. The Industrial Property Act only requires a utility model for an invention to be conferred with a utility model certificate if it is new and industrially applicable. Utility models are not substantively examined at KIPI.

Section 82 of the Industrial Property Act provides the period of protection as 10 years.

CIPIT Clinic

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