New Study on Patent, Utility Model and Industrial Design Activity in Kenya from 1990 to 2014

The Scinnovent Centre

The good folks over at The Scinnovent Centre have just published a new study titled: “Industrial Property Rights Acquisition in Kenya: Facts, figures and trends”. This March 2015 study was carried out with the aid of a grant from the International Development Research Centre (IDRC) with the partnership, support and guidance of Kenya Industrial Property Institute (KIPI) and National Commission for Science, Technology and Innovation (NACOSTI). The study used KIPI’s database of all industrial property applications and grants since its inception in 1990 to date (2014) and sought to answer four key questions: (i) Where do the inventions come from? In other words who owns the industrial property protected in Kenya? (ii) How does foreign (international) applicants compare with national (domestic) applications? (iii) In which economic sectors are the most industrial property applications registered? (iv) what are the key challenges/ bottlenecks faced by the applicants?

The data analysed in the study consists of the records of KIPI registry database on the filings, grants and registration of the IP protections for patents (1990 – 2013); utility models (1993 – 2013) and industrial designs (1991 – April 2014). The samples consisted of 2388 patents, 396 utility models and 1392 industrial designs. The study does not include data relating to patent, utility model and industrial design applications filed and granted through African Regional Intellectual Property Organization (ARIPO).

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International Women’s Day: Celebrating African Women Leaders in Intellectual Property

Angélique Kidjo won her 2nd Grammy Award in 2015. The world renowned Beninoise singer-songwriter is Vice President of the International Confederation of Societies of Authors and Composers (CISAC). CISAC is the umbrella body for copyright societies worldwide.

Angélique Kidjo won her 2nd Grammy Award in 2015. The world renowned Beninoise singer-songwriter is Vice President of the International Confederation of Societies of Authors and Composers (CISAC). CISAC is the umbrella body for copyright societies worldwide.

Celebrated globally on 8th March, this year’s International Women’s Day highlights the Beijing Declaration and Platform for Action, a historic roadmap signed by 189 governments 20 years ago that sets the agenda for realizing women’s rights. The official United Nations theme for International Women’s Day 2015 is “Empowering Women – Empowering Humanity: Picture It!”

“When we unleash the power of women, we can secure the future for all” – United Nations Secretary-General Ban Ki-moon in his message for International Women’s Day 2015.

To mark this year’s International Women’s Day (#IWD2015), this blogger has compiled a list of some of the (influential) women (leaders) in intellectual property (IP) from Kenya and throughout English-speaking Africa. The women listed below (in no particular order) are primarily drawn from IP offices, academia, non-governmental organisations and the IP legal fraternity.

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Are Intellectual Property Lawyers in Kenya Undercutting by Charging Less in Legal Fees?

supreme-court-fountain-kenya

This blogger recently received the following communication from the Law Society of Kenya (LSK):

UNDERCUTTING

The Council of Law Society of Kenya wishes to draw the attention of members to the provisions of paragraph 4 of The Advocates (Remuneration) (Amendment) Order 2014 which provides as follows:-

“4. An Advocate shall not agree or accept his remuneration at less than provided for by this Order.”

It has come to the attention of the Council that some law firms and advocates are undercutting by charging less than what is provided for under the order.

We are in the process of investigating the various complaints. Any member involved should know that this amounts to professional misconduct.

APOLLO MBOYA, HSC
SECRETARY/CEO

As many may know, the Advocates Act empowers the Chief Justice and President of the Supreme Court to make orders relating to the remuneration of Advocates for both contentious and non-contentious work. This section is the basis for the Advocates Remuneration Order which sets the minimum charges that an Advocate may charge for services. The Order was recently amended through Legal Notice No. 35 dated April 11, 2014. Curiously, LSK have not uploaded a copy of the Advocates (Remuneration) (Amendment) Order 2014 on their official website available here. However a copy of the Order is available on the Kenya Law website available here.

From an intellectual property (IP) perspective, Schedules 4 and 12 of the Order deal with Trade Marks and Patents, Designs and Utility Models respectively.

For instance, with regard to trade marks, the Order provides that an advocate must not charge less than Kshs. 7,500 for “taking instructions to advise on registrability of a mark or on a point of law or practice”. In a previous post here, we discussed the heightened competition among Kenyan firms with regard to trade mark practice, particularly in light of the recent 2015 WTR1000 rankings. However, this blogger submits that the fee of Kshs. 7,500 is already too low for any of the IP law firms and advocates to be engaged in undercutting. This reasoning may easily apply to other types of trade mark work such as applications, registrations, assignments etc.

With regard to patents, designs and utility models, the Order provides that an advocate must not charge less than Kshs. 25,000 to advise on patentability of an invention or registrability of an industrial design or a utility model or on a point of law or practice. This blogger submits that given the complexity of this area of industrial property work and the duration it generally takes to complete such work, it highly unlikely that any advocate or law firm would consider undercutting. However, the increased awareness among Kenyan inventors and innovators on the need to protect their industrial property may be an important factor fueling undercutting.

This blogger invites readers to share freely their views and experiences with how advocates and law firms charge for intellectual property legal services in Kenya.

#ipkenya Weekly Review (18th-25th May, 2014)

gado cartoon anglo fleecing corruption AG

Since our last weekly review, the Minister in charge of Copyright and Related Rights in Kenya namely, the Attorney General has under siege for his alleged involvement in the Anglo Leasing contracts scam. This blogger has the full story here. As always, your comments are invited.

Meanwhile in the intellectual property (IP) world, here are some of the top news and views from Kenya and beyond:-

– OpenAIR presents its findings at WIPO Seminar on Intellectual Property & the Informal Economy [WIPO YouTube]

– Copyright Society of Nigeria signs historic royalty agreement with 400-member umbrella body for broadcasters [COSON]

– No More Substantive Examination of Utility Models in Kenya [AfroIP]

– Hidden Treasure and the New Colonialism: Why South Africa Must Protect Its Intellectual Property [SACSIS]

– Nigeria: Nollywood from an intellectual property perspective [WIPO Magazine]

– Kenya: The Maasai ‘Shuka’ Has Evolved Into A Brand [The Star]

– South African Tech firms can now transfer intellectual property offshore [TechCentral]

– Tanzania: Copyright Society and Revenue Authority devising a banderole system for copyright administration [TZ Daily]

– Nigerian Economy Loses N82 Billion Yearly to Software Piracy – BSA [Daily Independent]

– Kenya: The First Thing We Do, Let’s Kill All The Lawyers [BrainstormKE]

– IP Rights and Digital Content: Kenya’s New Headache [ModelEmployee254]