Our teams of IP experts offer the following specialized services under Intellectual Property Law:7793836_f520

  • Filing, prosecution and maintenance: Trademarks, patents, industrial designs, domain names, and utility models including searches;
  • Application for and prosecution of copyright registration; and
  • Applications for and prosecution of plant breeders’ rights.
  • IP litigation including:
  • Opposition proceedings;
  • Removal or revocation proceedings; and
  • Enforcement actions before the High Court of Kenya.
  • Commercial aspects of IP including:
  • Drafting of license agreements, deed of assignments and franchise agreements;
  • Intellectual property audits;
  • Intellectual property valuation; and
  • Due diligence.
  • Anti-counterfeiting services.
  • Legislative and regulatory advisory services.

Intellectual Property Law Explained:

     1. Patent

A patent is an exclusive right or monopoly granted to an inventor or their assignee for a limited period of time, in exchange for the public disclosure of the invention.

An invention is a solution to a specific technological problem, which relates to the function of a device or machine, or to the process for making a product or to the method for carrying out business.

     2. Trade Marks

A trademark is the sign which customers use to recall your product or service. It is what defines your products or services from others.

This can include –

  • your logo;
  • your brand name;
  • your unique business icon;
  • your slogan;
  • aspects of your packaging;
  • colour;
  • sound;
  • scent;
  • your own personal name;
  • a domain name;

Registration provides you the exclusive rights to the trade mark in any market place, real or virtual, and takes legal precedence over both business name and domain name registration.

The difference between trademarks, business, company and domain names sometimes causes confusion for both traders and the public. Registration of a business, company or domain name does not in itself give you any proprietary rights to the name – only a trade mark can give you that kind of protection.

You only ever truly own your brand/trade mark if you have registered trade mark rights – a legally enforceable asset which you can licence, assign or sell.

      3. Copyright

Copyright in Kenya protects the original expression of ideas, and not the ideas themselves. Works protected by copyright include: books, films, music, sound recordings, newspapers, magazines, artwork.

Copyright also protects originally created typographical arrangements, databases, media broadcasts, computer programs, compositions of other people’s work such as academic journals or CD compilations

How it works

Once an idea or creative concept is documented on paper or electronically, it becomes automatically protected by copyright. As a result, there is no official registry or application process required for its protection. Any tampering of such work could amount to breach of copyright and you can sue the other person.

Copyright protection gives you exclusive rights to license others in regard to copying your work, performing it in public, broadcasting it, publishing it and making an adaptation of the work. As Kenya is party to a number of treaties that protect international works, Copyright from another country can also be protected here in Kenya.

While this is not compulsory, it is recommended that you use Copyright notice with the owner’s name and date to act as a deterrent to potential infringers.

At Ratemo & Company Advocates, our lawyers are able to advise and guide you through your creations and inventions to ensure your full IP rights are protected.

Note: This list may not be exclusive therefore if your query is not listed please contact us for further information.

FAQs

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