MasiboLaw

An industrial design is an intellectual property right that safeguards the distinctive appearance of a product, covering its shape, arrangement, decorative elements, or any unique patterns that make it stand out.  It is important to note that an industrial design does not protect the method of construction or the function of the article which is usually protected by a patent. 

Here is a step-by-step guide on how you can register a design, the process for applying, as well as expected costs and timelines. 

1. Why should I register my industrial design in Kenya? 

Registering your industrial design grants you exclusive rights to its use, preventing others from copying or using it without permission. This protection allows you to commercialize your design, license it to others, and take legal action against infringers. In Kenya,   industrial designs are registered with the Kenya Industrial Property Institute (KIPI). 

2. What are the requirements for registering an industrial design in Kenya? 

For an industrial design to effectively present an accurate and complete depiction of the design  intended for registration, the representations must include two key elements: 

i. Drawings or photographs showing all views of the design 

The representations should feature a sufficient number of different views; front, back and side views to display the specific features of shape, configuration, pattern, and ornamentation that you seek to protect.  

ii. Statement of novelty  

This refers to the quality of being new, original, and distinctive. Each set of representations must  include, on the front of the first sheet, a statement that identifies the novel features of the  design, specifying whether it pertains to “shape,” “configuration,” “pattern,” or “ornament.”  

3. What is the Registration process  

An application for registering an industrial design should include the following;

1. Completed Application Form,
2. Visual Representations: Include drawings, photographs, or other graphic representations of the article that embody the industrial design, along with an indication of the type of products the design will be used for. 
3. Statement of Justification: If the applicant is not the creator of the design, a statement justifying the applicant’s right to register the design must accompany the request. 
4. Power of Attorney if the applicant is a foreigner or an appointment of agent form if  the applicant is represented by an agent  
5. Evidence of payment of  the prescribed application fee

Once the application is submitted, the registry examines the design within two to three weeks to determine whether it is new or original. If the design meets these criteria, the Registry publishes the application in the Industrial Property Journal within 30 days. This serves as a notice to the public, allowing interested parties 60 days from the date of publication to raise any objections to the registration. 

If no objections are raised within this period, the design is registered as an Industrial Design,  and a certificate of registration is issued. The registration grants exclusive rights to the design for 5 years from the date of registration. 

In conclusion, Registering your designs is an important component of your intellectual property strategy. It provides legal protection for the visual aspects of your creations, ensuring that others cannot replicate or use them without your consent. This protection not only secures your market position but also adds value to your business by enabling you to license your design or take legal action against infringers.

The writer is a lawyer and licensed patent agent who specializes in offering legal services to technology companies and people in technology, you can contact him through info@masibolaw.co.ke