Podcast | OFM Business Hour | Talking Counterfeit Goods In Kenya

The administration of intellectual property in Kenya is currently fragmented. The Kenya Industrial Property Institute (“KIPI”) administers patents, trade marks, utility models and industrial designs...

The Kenyan High Court has delivered a landmark judgment nullifying a controversial directive that would have required KIPI Board approval for intellectual property registrations. This decision addresses fundamental questions about the proper allocation of authority between Kenya's IP governance bodies and the technical functions of trademark and patent administration. The ruling has significant implications for how intellectual property rights are processed and protected in Kenya's legal framework.

Stiff penalties await dealers in counterfeit goods in Kenya once a new law on counterfeits is enacted.

Kenya has published the Copyright and Related Rights Bill, 2026, representing the first comprehensive reform of its copyright legislation in over two decades. The proposed framework introduces modern provisions for digital-age challenges including AI-generated works, online enforcement mechanisms, and enhanced protections for creators and performers.

Kenya is poised to transform its intellectual property landscape through the consolidation of three separate regulatory bodies into a single unified authority. The Kenya Intellectual Property Bill 2026 proposes sweeping reforms that would streamline IP administration, establish a specialized tribunal, and create comprehensive oversight of patents, trademarks, copyright, and anti-counterfeiting measures under one roof.

In simple terms, a counterfeit is a product that imitates the genuine one and constitutes an infringement of IP rights.

Kenya's Ministry of Investments, Trade and Industry has published a draft National Intellectual Property Policy and Strategy that proposes sweeping reforms to the country's IP ecosystem. The policy introduces new legislation for geographical indications and trade secrets, establishes specialized IP courts, and addresses emerging technologies including AI-generated works and blockchain applications.

A trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services.

Togo's partnership with Poland to build a domestic drone industry, Kenya's establishment of a National Cybersecurity Agency, and a landmark tribunal ruling on AI-generated copyright protection signal Africa's evolving technology governance landscape. These developments raise critical questions around technology transfer, digital infrastructure protection, and intellectual property rights in an increasingly AI-driven economy.

The Ministry of Interior in Kenya issued directives on 6 March 2024, under the Preservation of Public Security Act to combat the production and sale of illicit alcohol and psychotropic substances abuse.