Date of publication:

01/08/2026

Kenya

Do domestic laws and policies protect intellectual property rights for forcibly displaced and stateless persons?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Kenya has established a comprehensive legal framework to protect intellectual property rights (IPRs), aligning with international standards. The protection of IPRs is enshrined in the Constitution of Kenya, 2010, and further detailed in specific legislation governing various forms of intellectual property.

Kenya has established institutions responsible for the administration and enforcement of IPRs:

  • Kenya Industrial Property Institute (KIPI): Responsible for the registration and administration of patents, trademarks, industrial designs, and utility models.
  • Kenya Copyright Board (KECOBO): Oversees the protection of copyrights and related rights.
  • Anti-Counterfeit Authority (ACA): Focuses on combating counterfeit goods and enforcing anti-counterfeit laws.
    LAW & POLICY

    Related provisions of domestic law or policy

    The Constitution of Kenya

    Legal provision

    Section 40.4 - Intellectual property rights

    The State shall support, promote and protect the intellectual property rights of the people of Kenya.

    The Copyright Act

    Legal provision

    Section 22 - Works eligible for copyright

    Subject to this section, the following works shall be eligible for copyright— (a) literary works; (b) musical works; (c) artistic works; (d) audio-visual works; (e) sound recordings; and (f) broadcasts.

    Section 26 - Nature of copyright

    The owner of a copyright shall have the exclusive right to control the reproduction, distribution, and communication of the work to the public.

    The Trade Marks Act, Cap 506

    Legal provision

    Section 7 - Right given by registration

    The registration of a person as the proprietor of a trade mark... shall, if valid, give or be deemed to have given to that person the exclusive right to the use of the trade mark.

    Section 14 - Prohibition of registration of deceptive, etc., matter

    No person shall register as a trade mark or part of a trade mark any matter the use of which would, by reason of its being likely to deceive or cause confusion or otherwise, be disentitled to protection in a court of justice, or would be contrary to law or morality, or any scandalous design.

    The Anti-Counterfeit Act

    Legal provision

    Section 3 - Establishment of the Authority

    There is established an Authority to be known as the Anti-Counterfeit Authority.

    Section 32 - Offences

    A person who has reason to believe that an offence under this Act has been or is being committed may lay an information thereof to the Executive Director.

    The Industrial Property Act

    Legal provision

    Section 85 - Right to industrial design; naming of creator

    Subject to the provisions of any other written law, the creator of an industrial design or his successors in title shall have the exclusive rights to sell or cause to be sold for commercial or industrial purposes the goods in which the design is incorporated, subject to the conditions of this Act.

    Section 21 - Meaning of “invention”

    For the purposes of this Part, “invention” means a solution to a specific problem in the field of technology.