1. INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS
Sylvance A. Sange
Chief Trade Marks Examiner
KIPI

2. Intellectual Property
Intellectual Property is a property that arises from the human intellect. It is a product of human creation.
Intellectual Property is the creation of the human intellectual process and is therefore the product of the human intellect or mind.

3. Intellectual Property
It is an intangible form of property.
It is a personal property.
It is a basic form of property.
It is based on information.

4. Objects of Intellectual Property
The objects of the rights covered by the concept of intellectual property are manifestations of human creativity.
-the form of the work;
-the invention; and
-the relationship between a symbol and a business.

5. Protected Intellectual Property
Invention by a patent or as trade secret.
Utility models by a certificate or secret.
Industrial Design by a certificate.
Trade and Service Mark by a certificate.
Copyright by reducing to a fixed form.

6. Protection of Intellectual Property
Venetian Patent Law of the 19th March 1474
‘…each person who will make in this city any new and ingenious contrivance, not made heretofore in our dominion, as soon as it is reduced to perfection,….

7. Protection of Intellectual Property
It being forbidden to any other in any territory and place of ours to make any other contrivance in the form and resemblance thereof, without the consent and licence of the author up to ten years.’

8. Protection of Intellectual Property in Kenya
Paris convention – 1965
UCC
WIPO – 1967
Geneva Convention – 1976
ARIPO – 1978
Brussels Convention – 1979
Nairobi Treaty – 1982
Bern Convention – 1993

9. Protection of Intellectual Property in Kenya
Patent cooperation treaty PCT – 1994
TRIPS – 1995
WIPO Copyright Treaty – 1996
WPPT – 1996
UPOV – 1999
Madrid System – 1998
Singapore Treaty

10. Intellectual Property Branches in Kenya
Industrial Property
Copyright
Plant breeders Rights (PBR).

11. Industrial Property Industrial Property Includes: -Patents
-Utility Models
-Industrial Designs
-Trade Secrets
-Trade and Service Marks
-Geographical Indications
-Layout Designs of Integrated Circuits.

12. Copyright
Copyright includes:
-Literary
-Artistic works
-Musical works

13. Plant breeders Rights (PBR)
Plant Breeders Rights include:
-new varieties all plant species (except algae and bacteria)

14. Intellectual Property in Kenya
Background
Copyright Act Cap 130 (1966)
TradeMarks Act 1913 (TM Ordinance).
Between 1914 and 1989 Patents Registration Act Cap 508 was the law governing patent protection in Kenya.
The law required an inventor to apply and obtain protection in UK before having the same registered in Kenya.

15. Bills aimed at complying with TRIPS Agreement
Geographical Indications
Layout of Integrated Circuits
Counterfeit Goods
Trade secrets

16. Other Forms Of Protection Being Considered
Traditional Knowledge and Folklore
Genetic resources

17. Intellectual Property in Kenya
1. Industrial Property Rights - administered by the Kenya industrial property institute (KIPI) under IPA 2001 & TM of 1957 & Amended in 2002.
2. Copyright & Neighbouring Rights
-Administered by Office of Registrar General under the Copyright Act. 2001
3. Plant Breeder’s Rights- Administered by KEPHIS under an Act of 1997

18. Kenya Industrial Property Institute
The Kenya Industrial Property Institute (KIPI) was transformed from Kenya Industrial Property Office (KIPO) upon enactment of the Industrial Property Act 2001.

19. Kenya Industrial Property Institute
To modernize the protection of industrial property in Kenya
-including the provision for parallel importation of essential medicine, in accordance the Trade Related Aspects of Intellectual Property Rights (TRIPS).

20. Kenya Industrial Property Institute
To improve the administration and management of the Office
-separating policy and administrative functions of the Office.
-creating a more business oriented approach to cost recovery and expenditure control, including capital investment strategies and market-based staff remuneration.

21. Core Functions
Examine applications for and grant industrial property rights for:
-Patents for inventions
- utility models for innovations
-Industrial Designs for aesthetic features of products
-Trade and service marks for goods and services.

22. Core Functions
To provide industrial property information to the public.
To promote inventiveness and innovativeness in Kenya.
To organise and conduct training, competition and awards in IP.

23. Why Protect Intellectual Property
Protect investment in time, money or other resources used to create new contribution to technology, commerce and entertainment.
Governments encourage Creators to disclose their creations to the public in order to promote the progress of science and useful arts which are the engines of development- investors demand this guarantee

24. Why Protect Intellectual Property
“Technology” means systematic knowledge for the manufacturing of a product, or the rendering of a service in industry, agriculture or commerce,….
-providing a solution to a problem
-communicable by one person to another
-directed to an end.

25. Why Protect Intellectual Property
Fosters economic growth
Provides incentives for technological innovation, and
Attracts investment that will create new jobs and opportunities.

26. Patents
Definition
A patent describes an invention for which the inventor claims the exclusive right.
Invention is a new solution to “technical” problem. (product, process and new use)
It must be new
Have an inventive step
Be Industrially applicable

27. Patentable Subject Matter
Human necessities: agriculture, foodstuff, tobacco, personal or domestic articles, health and amusement.
Performing operations and transporting: separating, mixing, shaping, printing and transporting.
Chemistry and metallurgy.
Textiles and paper.

28. Patentable Subject Matter
Fixed constructions: building, earth moving and mining.
Mechanical engineering, lighting, heating, weapons, blasting including engines or pumps and engineering in general.
Physics: instruments and nucleonics.
Electricity.

29. Unpatentable Subject Matter
A discovery, scientific theory or mathematical method;
A literary, dramatic, musical or artistic work, or any other aesthetic creation;
A scheme, rule or method for performing any mental act, playing a game or doing business, or a program for a computer;
Mere presentation of information.

30. Unpatentable Subject Matter
Plant varieties, but not parts thereof or products or biotechnological processes;
Inventions contrary to public order, morality, public health and safety, principles of humanity, and environmental conservation; and
Any other invention that may be declared non-patentable by the Minister in charge of Industrial Property matters.

31. Filing For A Patent Application In Kenya
Four Routes
-LOCAL
-ARIPO
-PCT (World intellectual
Property Organization-WIPO)
-FOREIGN - DIRECT

32. Utility Model Defination
A utility model is an invention that can be utilized in industry, agriculture, education services or environmental conservation and which relates to shape, structure or assemblages of articles.
It must be new
Be Industrially applicable

33. Industrial Design
Industrial Design is the ornamental or aesthetic aspect of a useful article of industry. The aspect that gives special appearance to a product of industry

34. The Industrial Property Tribunal
There exist the Industrial Property Tribunal which deals with hearing of IP matters, particularly evaluating and determining appeals from the decisions of the KIPI Managing Director affecting grants.
It handles disputes concerning patents, utility models, industrial designs.

35. Copyright
Definition
Protection of cultural, artistic and literary written works such as poems, novels, articles, musical works, paintings, cinematographic work, photographic, sculpture and computer programs.

36. Plant breeders Rights(PBR)
Protection of New varieties of plants
-distinct,
-uniform, and
-stable.

37. Trade and Service Marks
A trade mark is a sign used on, or in connection with the marketing of, goods or services.
Used “on” the goods means that it may appear not only on the goods themselves but on the container or wrapper in which the goods are when they are sold.

38. Trade and Service Marks
Used “in connection with” the marketing of the goods refers mainly to:
-the appearance of the sign in advertisements (newspaper, television, etc.) or
-in the shop windows of the shops in which the goods are sold.

39. Category of Trade Marks
Certain types of marks should not be protected, Marks are categorized as:
-Generic,
-Descriptive,
-Suggestive, and
-Arbitrary or fanciful.

40. Category of Trade Marks
Trade Mark cannot be categorized in a vacuum. It is essential to know the product or service to which the mark will be applied in order to place it in the proper category
Example: APPLE is generic for apples, but arbitrary for computers.

41. Registration Procedure
Application for search.
Application for registration.
Examination of trade mark.
Advertisement of trade mark.
Filing of opposition.
Certificate issued/hearing set.

42. Goods Covered
18 Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
24 Textiles and textile goods, not included in other classes; bed and table covers. 
25 Clothing, footwear, headgear.

43. Goods Covered
29 Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats.
30 Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.

44. Live of a Trade Mark
Terms become generic overtime because of the way the public used them and because of the originators’ failure to police them. -examples: YO-YO “returning top” fanciful and ESCALATOR “moving stairs” suggestive.

45. Live of a Trade Mark
More examples of generic product names that used to be trade marks: Zipper, Cellophane, Thermos, Aspirin (for acetylsalicylic acid); Trampoline (for a spring supported canvas jumping apparatus); Kerosene (for distilled petroleum lamp oil); Granola (for a cereal consisting of rolled oats, fruit and nuts); Brassiere (for a woman’s undergarment worn to support the breasts); and Heroin (for diacetylmorphine). “Heroin” was originally suggestive mark. Workers at Bayer said it made them feel “heroisch.”

46. Live of a Trade Mark
The law provides that non-use of a mark for consecutive 5 years is ordinarily considered proof of an intention to abandon it.
Delay in enforcement of a mark against a third party may cause lose of rights.

47. End Contact: Kenya Industrial Property Institute
Kapiti Road off Mombasa Road
Weights & Measures Premises.
Website:
End

48. Thank You! Enjoy the Seminar