Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
FinTech
8.
Innovation
8.1
How is innovation in the fintech space protected in your jurisdiction?
Kenya

Answer ... The Constitution of Kenya 2010 is one of the very few constitutions in the world to protect IP rights, providing that the state shall support, promote and protect IP rights. Further, Kenya is a member of the World Intellectual Property Organization and has acceded to various international treaties, including the Paris Convention for the Protection of Industrial Property, the African Regional Intellectual Property Organization Agreement and the Madrid Agreement Concerning the International Registration of Marks. IP rights are protected by the following laws:

  • The Industrial Property Act protects patents, industrial designs and utility models. The ownership of a patent, industrial design or utility models lies with the individual inventor or the enterprise on whose behalf the industrial property was developed.
  • The Trademarks Act protects trademarks. The ownership of a trademark lies with the entity or person offering the service or goods.
  • The Copyright Act protect copyright. The ownership of copyright lies with the person that fixes the work or the person on whose behalf of whom a work is fixed.

For more information about this answer please contact: Richard S. Malebe from RSM Law LLP
8.2
How is innovation in the fintech space incentivised in your jurisdiction?
Kenya

Answer ... The Regulatory Sandbox by CMA and the White Box of the Ministry of Information, Communications and Technology serve as incentives to innovators, allowing them to develop their products without fear of violating the law.

For more information about this answer please contact: Richard S. Malebe from RSM Law LLP
Contributors
Topic
FinTech