MasiboLaw

In October 2025, the Kenyan Court of Appeal delivered a precedent-setting decision that reshapes our understanding of brand ownership, geographical indications (GIs), as well as intellectual property rights in agricultural trade in Kenya.

The ruling clarified that foreign GIs, such as “Basmati,” cannot be enforced in Kenya without being locally registered in Kenya, fundamentally reinforcing the territorial nature of intellectual property.

The Case in Brief

In 2009, Krish Commodities Ltd, a Kenyan importer, applied to register six rice trademarks, including Wali Basmati Rice, Rajah Basmati Rice, and Nawab Basmati Rice. Each application expressly disclaimed exclusive rights in the words “Basmati” and “Rice.” Upon learning of thei development, India’s Agricultural and Processed Food Products Export Development Authority (APEDA) opposed the registrations, arguing that “Basmati” is a protected geographical indication reserved for rice grown in the Himalayan foothills of India and Pakistan.

Krish Commodities counterargued that:

• “Basmati” was already widely used in Kenya’s rice market.
• It sought protection for its composite brand names, not the term “Basmati.”
• Kenya had no domestic law recognizing “Basmati” as a protected Geographic Indication.

The Registrar and High Court Decisions

In May 2013, the Registrar of Trade Marks dismissed APEDA’s opposition. He held that:

• APEDA had locus standi to oppose under Section 21(2) of the Trade Marks Act.
• However, it had no proprietary rights over “Basmati” in Kenya.
• “Basmati” was not a registered GI under Kenyan law.
• Krish Commodities’ applications, with proper disclaimers, could proceed.

The High Court affirmed this ruling, emphasizing that APEDA’s status in India did not translate into ownership rights enforceable in Kenya. The court also noted that “Basmati” had not been registered as a GI in India at the time and was widely used in Kenya, including by local producers like the Mwea Rice Cooperative Society.

The Court of Appeal’s 2025 Decision

The Court of Appeal (W. Karanja, A.O. Muchelule & J. Ngugi, JJA) dismissed APEDA’s second appeal, holding that while “Basmati” may qualify as a geographical indication under TRIPS, it lacked legal protection in Kenya due to the absence of local registration or recognition in Kenya.

Key Legal Findings

1. Intellectual Property Works by Country – Intellectual property rights, like trademarks or geographical indications (GIs), only apply in the countries where they are officially registered or recognized. What’s protected in one country isn’t automatically protected in another.

2. You Must Register Locally – Even though international law (TRIPS) says countries should protect GIs, each country must do this through its own laws. In Kenya, Section 40A(5) of the Trade Marks Act allows GIs to be registered as collective or certification marks. This means that if a GI like “Basmati” isn’t registered or officially recognized in Kenya, it can’t be used to block a Kenyan trademark.

3. No Proof of Public Confusion The Court found no evidence that Kenyan shoppers thought “Basmati” rice only came from India or Pakistan. In Kenya, people use “Basmati” as a general name for fragrant long-grain rice — including types grown in local areas like Mwea and Ahero.

4. Disclaimers Prevent Monopoly Krish Commodities clearly stated it wasn’t claiming ownership of the word “Basmati.” Because of this disclaimer, its trademarks weren’t misleading and didn’t try to monopolize or “lock up” the term for itself.

Why This Case Matters

This case is a big deal for Kenya’s trademark and geographical indication (GI) law. It clearly shows how foreign names and brands are treated under Kenyan law — and what local producers can learn from it.

Here’s what it means:

• Foreign GIs aren’t automatically protected in Kenya. Just because a product name like “Basmati” or “Champagne” is protected abroad doesn’t mean it’s protected here. It must be officially recognized or registered under Kenyan law first.
• Kenya’s system puts local registration first. The Court made it clear that Kenya only enforces rights that are locally registered or recognized. This gives Kenyan producers control over their own brands and names.
• Local producers can benefit. The decision opens doors for Kenyan products like Mwea Pishori Rice, Meru Tea, or Nyandarua Honey to become officially recognized as Kenyan geographical indications — giving them global credibility and market power.
• Legal certainty for businesses. Traders now have a clear rule: if a name isn’t registered as a GI in Kenya, it can be used in composite trademarks as long as it’s not misleading and proper disclaimers are included.

Lessons for Kenyan Businesses

1. Register Early — and Do It Locally Protect your product names under Kenyan law by registering trademarks, certification marks, or GIs. Don’t wait for others to do it first.
2. Don’t Depend on Foreign Fame Just because a name is famous abroad doesn’t mean it’s protected here. Only local registration gives you enforceable rights in Kenya.
3. Do Your Homework Always check the KIPI trademark register before choosing a name. This avoids legal disputes and costly rebranding later.
4. Think Long-Term Building strong local brands and registering GIs can help turn Kenyan products into international premium labels — much like Darjeeling Tea or Parma Ham.

Why You Should Care

In an era where authenticity and origin define brand value, Kenya’s producers have the opportunity to transform local excellence into globally protected heritage brands.

The Basmati decision teaches one enduring truth:

If you don’t define your brand, someone else will.

How MasiboLaw LLP Can Help

At MasiboLaw LLP, we assist Kenyan businesses in registering, protecting, and enforcing their intellectual property rights both locally and internationally.

Our services include:

• Trademark and GI registration under Kenyan and regional law
• Brand searches, compliance, and IP audits
• Representation in oppositions and cross-border IP disputes

Your brand’s origin is your legacy — protect it before someone else trademarks it.

For further guidance you can contact us on info@masibolaw.co.ke