Welcome to Thinkly IP Knowledge Hub

IP Knowledge Hub highlights Intellectual Property issues touching on protection of your trademark, patent, copyright and Industrial Designs in Kenya. We also highlight issues on IP dispute resolution particularly on matters arbitration. Keep reading, keep in touch and let us know what you think.

Uncategorized

Are you in Audit Practice, Accounting Services or any other professional consultancy?

Have you ever wondered why large corporations globally fight tooth and nail over their trademarks patents and industrial designs? Is there something they know that we are yet appreciate? Recently, in March 2021, the US Olympic Committee (USOPC) sued Puma for trademark infringement, alleging the sportswear company had ‘declared war’ on Olympic trademarks. In June, Adidas sued US fashion designer, Thom Browne, for allegedly infringing the trademarks for its signature three stripe logo by using “confusing similar marks” on a sports apparel range. These are global examples. In Kenya, the case of ABSA vs ABSA on trademark infringement is not yet lost in our minds and there are many more. What does this tell you as a professional firm that is keen on build a name? Consultancy is a service that depends largely on the identity and positioning of your brands. You firms name, logos, colors and any other brand symbols are your IP assets.  They can be legally protected as your Trademarks (not PATENT!). Even if you don't mind, for whatever reason, if your IP rights are infringed, you risk being sued for infringing other parties' IP rights unknowingly? So what can you do, when and how?
Read More
Business Analys

How to ensure that your trademarks, patents, copyrights and trade secrets are safe abroad

You have all good reasons to start exporting but how will you ensure that your trademarks, patents, copyrights and trade secrets are safe abroad? With the existence of Free Trade Agreements, your business may want to expand to other markets either regionally or internationally to bolster its competitiveness and position itself in those markets. One of the risks involved in such an expansion is Intellectual Property (IP) infringement, either by you or the other party. It is therefore important to identify the types of IP rights your business owns (be it copyrights, trademarks, patents, industrial designs or even trade secrets),...
Read More
Copyright in Kenya

Corporate entities in Kenya, be more careful!

Recently, the Copyright Amendment Act, 2019 (Laws of Kenya) inserted a section that makes body corporates e.g. companies, partnerships, liable to copyright infringement. The Act defines a body corporate as a firm or association of persons.  Most body corporates use others' copyright or related rights works on a regular basis e.g. music, art, photographs, magazines, videos etc. It is important to understand how corporates may use these works in their business without infringing copyright. In principle, the use of any copyrighted works requires the owner's prior consent if the planned exploitation implies the use of all or part of the...
Read More
Business Analys

AfCFTA, MSMEs and IP!

What is the place of Intellectual Property protection and related issues in Africa Continental Trade Area? AfCFTA is said to be the world’s largest trade area since the formation of the World Trade Organization covering a market of over 1.2 billion people across all the 55 member states of the African Union. It is so progressive that it eliminates tariffs and trade barriers and creates a single market, making it easier for African businesses to trade within the continent. Trading under AfCFTA commenced on the 1st January 2021, meaning, businesses are now able to supply goods and services to other...
Read More
Trademark

What is the difference between Trade Names and Trademarks?

“Do I need to register a trademark after registering my business or company name with the Registrar of companies and business names?”. This is a very common question in my field of practice. This article, therefore, strives to address misconceptions veiled in the question: Is there a difference between business names and trademarks? What is the difference and do we need both? The terms trade name and trademark sound similar, but it is important for business owners—especially those who are in the initial startup phase—to know the difference. Selecting and registering trade names and trademarks is an important part of...
Read More
Alternative Dispute Resolution

Application of ADR in Intellectual Property Dispute Resolution

The use of Alternative Dispute Resolution (ADR) such as mediation, arbitration and expert determination to settle disputes between private parties outside the courts has a long tradition in legal systems around the world. IP and related disputes have distinctive characteristics in that they often span multiple jurisdictions and involve highly technical matters,complex laws and sensitive information. Consequently,the disputants often look for flexible dispute resolution processes that can be customized to their needs and that enable them to control the time and cost of proceedings. ADR processes have a number of advantages: they are flexible, cost-efficient, time-effective, and give the parties...
Read More

o