HOW TO PROTECT YOUR INTELLECTUAL PROPERTY IN KENYA

Being a Creative is an enjoyable thing but rarely do Creatives invent or create something without putting in effort and hardwork. After spending all the time and effort in building a brand, creating a song, writing a book, developing an App or building a new machine it is important to ensure that you’re protected by the law and no one can steal or copy your creation. This is how the Law Can help;

1. TRADEMARKS – When you have built a Brand that is unique based on its logo, colour, name or scent you don’t want someone selling under the same Brand and stealing your customers. To protect against this you can register a Trademark. Registering a Trademark against your Brand makes it illegal for someone to copy or use it without your permission.

2. TRADE SECRETS – Have you ever tasted any drink that tastes like a Coke or chicken that tastes like KFC Chicken? Most probably not. This is because the recipe behind making Coke and KFC Chicken are protected by law as Trade Secrets and no employee can ever share them or they will face the full wrath of the Law. Trade Secrets are protected by Internal Agreements and generally do not need to be registered.

3. COPYRIGHT – When you publish a book, podcast, song or develop a code, I am sure that you don’t want anyone to copy that. The easiest way to ensure this is to register a Copyright. It ensures that no one can copy what you’ve created without your consent and when they do you can sue them for all they are worth. Another way the Law can help is through Licensing Agreements and Publishing Agreements. Should your book be taken up by a Large Publishing Company or your song be used as part of a TV or Radio commercial it is wise that you have a Lawyer draft for you a Licensing and Publishing Agreement that protects your interests and ensures that you are not swindled out of your hard earned money.

4. PATENT AND UTILITY DESIGNS – Have you built the next big thing? The safest way to protect your new invention is to register a Patent or a Utility Design/Model. If it’s completely new then you register a Patent but if it’s not completely new but can be used to make life or industry processes easier and it is commercially viable you can register it as a Utility Model/Design

5. HYBRID PROTECTION – Another way to protect your Intellectual Property is through hybrid protection which combines one or two ways of protection. For example if you have developed a Mobile App, you can both Copyright it and Trademark it for effective protection.

©MasiboLaw

Where we solve your legal problems quickly and affordably.

You can contact us on info@masibolaw.co.ke

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Published by masibolaw

I help ambitious entrepreneurs to overcome legal and regulatory obstacles while growing their businesses.

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