o

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.

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!

MSMEs, which are the key to economic growth in Africa and account for more than 80% of the businesses, have struggled for a long time to penetrate more advanced markets regionally. It is for this reason that the African Union decided to establish the African Continental Free Trade Area (AfCFTA) in 2012 and became effective under international law in May 2019. It is one of the African Union’s (AU) flagship projects for the implementation of its 2063 Agenda. As of today, 54 out of 55 countries have signed the Agreement and 31 countries have ratified it, Kenya being one of...
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