KENYA

COUNTRY : REPUBLIC OF KENYA

CAPITAL : NAIROBI

LANGUAGE : ENGLISH

 

MEMBER : PARIS CONVENTION, WTO-TRIPS, BERNE CONVENTION, MADRID PROTOCOL, ARIPO, TRADEMARK LAW TREATIES, BERNE CONVENTION, WIPO

The Intellectual Property Rights Office of Kenya is known as the Kenya Intellectual Property Institute (KIPI)

The IP affairs in Kenya are looked after by the Kenyan Intellectual Property Institute (KIPI)

The Geographical Indications affairs in Kenya are looked after by the Ministry of Industrialisation.


  • LAW PROTECTION GEOGRAPHICAL INDICATION KENYA

    • There is no specific law on Geographical Indications in Kenya as yet, hence the following laws are applicable:

      • Competition Law
      • Trademarks Law
  • ROLE PLAYED BY GEOGRAPHICAL INDICATION KENYA:
      •  GI is a source indicator informing consumers about a product’s origin from a certain place.
      • GI confirms certain special characteristics  inherent to the product.
  • PROTECTION ACCORDED TO GEOGRAPHICAL INDICATION IN KENYA
      1. Appellations of Origin
      2. Geographical Indications

      Gis are protected as Collective & Certification marks.

  • KIND OF GEOGRAPHICAL INDICATION NOT PROTECTABLE KENYA

    • Geographical Indications are not protectable if:

      • They are immoral or against public order;
      • GIs likely to mislead the public with respect to the place of origin of the goods;
      • Trademarks containing or consisting of GIs likely to cause confusion as to the quality of the goods not originating from the territory indicated;
      • They are confusingly similar to a trade mark for which rights had been acquired before the GI is protected in its country of origin;
      • GIs that indicate the place of origin of use of the wines & spirits originating in a region other than the place of origin
      •  GIs which are not or have ceased to be protected in their country or territory of origin
      • Gis which have fallen into disuse in their country or territory of origin
  • REQUISITES TO BE GEOGRAPHICAL INDICATION KENYA

    • Applications to contain the following:

      • the name, address and nationality of the natural person or legal entity filing the application, and the capacity in which the applicant is applying for registration;
      • the geographical indication for which registration is sought;
      • the geographical area to which the geographical indication applies;
      • the goods for which the geographical indication applies;
      • the quality, reputation or other characteristic of the goods for which the geographical indication is used; and
      • any other particulars as may be prescribed.
  • WHO CAN FILE GEOGRAPHICAL INDICATION KENYA

    • Following can apply for registration of GIs:

      • Natural / Legal persons carrying on activities as producers in the defined Geographical Area
      • Groups of Producers
      • Other competent authorities
  • EXAMINATION OF GEOGRAPHICAL INDICATION KENYA

    • Once the application is received, it is formally examined. The application is then scrutinised regarding compliance with all the requisites. Once the application is found to be compliant with all the formalities and the requisites, it is advertised for objections from interested third parties.

  • PUBLICATION & REGISTRATION OF GEOGRAPHICAL INDICATION KENYA

    • Interested parties may, post publication of the application, object, oppose or ask for cancellation of the GI.

      If there is no opposition post filing of the application, or the opposition is unsuccessful, the applicant’s GI is registered.

  • USAGE OF GEOGRAPHICAL INDICATION KENYA

    • Only producers registered & carrying on activities within ghe indicated geographical area are allowed to use GI in the course of trade & commerce.

  • Cost of Registration of Trademarks
Geographical News