Guidelines for the examination of patents, Utility models, and Industrial Designs are intentioned to provide guidance in the practice and procedure to be followed in processing industrial property applications for the grant and registration of patents, utility models and industrial designs in accordance with the Industrial Property Act 2001(the Act) and the Industrial Property Regulations...
Intellectual Property is becoming increasingly important in national and international trade. However, the Kenyan Government, innovators and traders have not taken sufficient steps to protect, promote and commercially exploit local innovations and traditional knowledge in the context of IP. The dispute over kikoi is illustrative. To read the full article, click here.
This chapter may be cited as; Ben M. Sihanya (2014) ‘Reflections on Open Scholarship Modalities and the Copyright Environment in Kenya’ in (eds) De Beer et al., Innovation & Intellectual Property: Collaborative Dynamics in Africa (1st edn, UCT Press). This chapter outlines findings from research into the attitudes of Kenyan scholarly publishing stakeholders towards open...
This article may be cited as; Ben M. Sihanya & Ouma, Marisella (2010) ‘Kenya’ in (eds) Armstrong et al., Access to Knowledge in Africa: The Role of Copyright, (1st edn, International Development Research Center). This article examines the role of copyright in Kenya highlighting its historical development dating all the way back to 1967. It...
This article may be cited as: Ben M. Sihanya (2013) ‘Rights in a Performance in Kenya’ South African Intellectual Property Law Journal (SAIPLJ), vol 1, pp. 59-85 This paper discusses three aspects of rights in performances in Kenya. First, the concepts of rights in performance and its various components in Kenya, as well as its...
This article may be cited as; Ben M. Sihanya (2010) ‘Copyright Law in Kenya’ International Review of Intellectual Property and Competition Law (IIC), vol 41(8), pp. 926-948. This examination of copyright law in Kenya looks at the role copyright plays in technological, economic, and cultural innovation, creativity, and development in Kenya. It focuses on the...
This article may be cited as; Ben M. Sihanya (2012) ‘Digital Copyright in Kenya’ The Law Society of Kenya (LSKJ), vol 8(1), pp. 119-148. This article analyses digital copyright in Kenya including, copyright in literary works (e.g software), databases, musical and artistic works, and the Internet. The relevant administrative, civil, and criminal processes, as well...
Intellectual Property (IP), is crucial in academics and Kenya’s political economy. The meaning and significance of IP has not always been understood, in this article, Prof Ben Sihanya explains IP. Intellectual Property (IP), or the property of the mind – as the name suggests, is the property of an individual. IP has a lot to...
This article may be cited as; Ben M. Sihanya (2016) ‘Traditional Knowledge, Traditional Cultural Expressions and Intellectual Property Rights Management in Ken’, The Law Society of Kenya Journal (LSKJ), vol 12(1), pp. 1-38. The immediate context of this article is the debate on Kenya’s Traditional Knowledge and Traditional Cultural Expressions Act 2016. The overarching argument...
Counterfeit trade takes three main forms. First, pirates counterfeit the product itself, as is the case in counterfeit medicines or machine spare parts. Second, they counterfeit the trade mark or service mark of legitimate products, the general presentation or get-up of the product, or a combination of these. The second category includes counterfeiting the packaging...
