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.
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.