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Design protection in Kenya is governed by the Industrial Property Act, 2001 and Industrial Property Regulations, 2002. Further amendments to the Act were incorporated in the Statutory Law (Miscellaneous Amendments) Act of No. 18 of 2018.
Kenya is a member of the Paris Convention, Trade Related Aspects of Intellectual Property Rights (TRIPS) and The African Regional Intellectual Property Organization (ARIPO).
Applicants can seek for design protection in Kenya by filing directly into Kenya (national filing) or filing via ARIPO designating Kenya in the application.
Design protection is given to the outward appearance of the design and not its functionality. By definition a design is "any composition of lines or colours or any three dimensional form whether or not associated with lines or colours, provided that such composition or form gives a special appearance to a product of industry or handicraft and can serve as pattern for a product of industry or handicraft".
Design protection is accorded to what is considered to be new. New in this case is regarded as that which is not disclosed to the public anywhere in the world, prior to the filing date or priority date claimed in the application (if any). An exception to this rule is when the disclosure took place not earlier than 12 months before the filing date or the priority date of the application, and if it was by reason of, or in consequence of, acts committed by the applicant or his predecessor in title or an evident abuse committed by a third party in relation to the applicant or his predecessor in title.
The duration of design protection is 5 years from the date of filing of the application for registration. The registration can be renewed for two further consecutive periods of 5 years.
The fees for renewal of registration must be paid within the12 months of the initial five year term. In the event the renewal fees are not paid within the 12 months period, a grace period of 6 months is allowed for late payment of the renewal fees.
In the event the owner of the design or other person entitled to the design was unable to renew the design within the 12 months renewal period or 6 months grace period because of circumstances beyond his/her control, the applicant can apply for restoration of the design protection within 1 year from the date when the renewal fees were due, as long as payment of the prescribed renewal fees and surcharge are paid.
The registration of a design grants the proprietor with the following rights against third parties:
•Reproducing the design in the manufacture of a product.
•Importing, offering for sale and selling a product by incorporating the protected design.
•Stocking of such a product for selling purposes.