Kenya: Cease and Desist Letter in respect of PepsiCo and Seven-Up International Trademarks

IPKenya has come across this letter in the papers by Seven-Up Bottling Company based in Kenya warning other companies to cease and desist from importing Pepsi-Cola soft drinks from “other” sources. The subject of the letter reads: “RE: Sale and Distribution of Trade Mark Products of PepsiCo” and it states in part: “It has come … Continue reading »

Establishment of a National Intellectual Property Academy in Kenya

IPKenya has learned, from a reliable source, that the World Intellectual Property Organisation (WIPO) has agreed to support the Kenya Industrial Property Office (KIPI) in establishing a National Intellectual Property Academy in Kenya. The proposed academy will collaborate with other institutions of higher learning to train in matters of intellectual property at different levels. A … Continue reading »

IP Crammer 2011: The Good, The Bad & The Ugly of Intellectual Property in Kenya

Afro Leo a.k.a the Lion that tweets has let the cat out of the bag about this year’s IP Crammer which I assume will be similar to a previous one he attended. Anyways, his roar to African IP observers and commentators in regard to the IP Crammer was loud and clear: “What are the top … Continue reading »

Laws governing Intellectual Property (IP) in Kenya

Kenya’s national IP legislative framework is divided into copyright law, trade mark law, industrial property law and anti-counterfeiting law. The following are the major Acts governing the protection of IP in Kenya: 1. Constitution of Kenya, 2010 2. Industrial Property Act 2001 3. The Seeds and Plant Varieties Act, Cap 326 4. Trade Mark Act, … Continue reading »

The Fourth ‘E’: Engagement vis-a-vis Trademark and Copyright Enforcement in Kenya

Intellectual property rights may be private rights but the public sector (namely government) must ensure that a conducive environment exists for their protection. Thus the State endeavours to promote and support the IPR holder. For the IPR holders, it is a form of investment, thus the owners expect a return on their investment. Counterfeiters and … Continue reading »

Summary of the Anti-Counterfeiting Act, 2008

The Anti-Counterfeit Act was assented to on December 24th 2008 by President Mwai Kibaki. The Act establishes the Anti-Counterfeit Agency with the mandate to administer anti-counterfeiting policy and law in Kenya. The Agency has three main functions. It enforces the provisions of the Anti-Counterfeit Act, 2008; enlightens and informs the public on counterfeiting issues and … Continue reading »

East Africa Community (EAC) Intellectual Property Legislation

East African Community (EAC): an intergovernmental organization comprising five East African countries: Burundi, Kenya, Rwanda, Tanzania, and Uganda with its headquarters in Arusha, Tanzania. The last to join are Burundi and Rwanda that became full Members of the Community with effect from 1 July 2007. EAC Integration process is being carried out in four stages … Continue reading »

Constitutional Protection of Intellectual Property in Kenya

The Pre-2010 Constitution of Kenya did not capture concerns on innovation and IP. In that Constitution, sections 70 and 75 capturing the Bill of Rights provided substantive property guarantees limited to real property as opposed to technological innovations, cultural innovations and IP. Its spirit however prohibits discrimination against illiterate innovators. Today, land, as real property, … Continue reading »

Hello world!

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