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...

Product counterfeiting and trade in counterfeit products, labels and packaging involve imitation of genuine products that are marketed under brand names. Counterfeit products that are becoming a major problem to consumers, innovators and traders in Kenya and globally. Such imitations are usually clones or falsified products, labels and packaging designed to look like those of...

I advance a three-pronged argument in this essay. First, scholarship and teaching of intellectual property (IP) need to be reconceptualized to cover IP, innovation, transfer of technology (ToT) and licensing as well as topics that are relevant to Kenya’s and Africa’s sustainable development including socio economic, cultural and political development. Second, IP scholarship and teaching...

The overarching argument in this essay is that Kenya and Africa have a lot of potential for, and should integrate innovation, technology development, and the protection and promotion of intellectual property (IP). The integration needs to take a three-pronged methodology and approach. First, integration is required on a doctrinal level and IP policy reforms are...