Susan Maina is a Corporate Compliance Writer and Legal Researcher at M&A Registrars, a leading company secretarial and legal advisory firm. She specializes in developing clear, insightful content on Company Law, Corporate Governance, Regulatory Compliance, and Business Registration Services.
LinkedIn >>Have you ever come up with a great business idea — a catchy name, unique logo, or clever product design — and worried someone might copy it?
That’s where Intellectual Property in Kenya comes in.
Just like you’d register your land title or car logbook, you can also protect your ideas and creations.
Intellectual Property in Kenya (IP) ensures that what you create — your brand, product, or invention — belongs to you and can’t be used by others without your permission.
Think of:
All these are protected under different forms of Intellectual Property in Kenya.
This guide by M&A Registrars breaks down everything you need to know about Intellectual Property in Kenya — in simple, practical language for entrepreneurs, startups, and even foreign investors looking to build in Kenya.
Let’s dive right in!
Table of Contents
Intellectual Property (IP) refers to the legal rights you have over creations of the mind — things you come up with through creativity, design, or innovation.
It’s the invisible asset behind your business name, logo, invention, or artistic work.
Once protected, IP gives you the exclusive right to use, sell, license, or profit from your creation — just like you would with physical property.
For example:
Example:
Coca-Cola’s drink formula remains one of the most closely guarded trade secrets in the world. Closer home, the identity of Kenyan coffee is protected under Geographical Indications, ensuring its global recognition as uniquely Kenyan.
Whether it’s your brand name, logo, or invention — we’ll help you secure it legally in Kenya.
Request Your FREE IP Quote with M&A Registrars TodayIn Kenya, different agencies handle different types of Intellectual Property.
The main regulators include:
| Regulator/Agency | Main Role |
|---|---|
|
Kenya Industrial Property Institute (KIPI) |
Registers trademarks, patents, utility models, and industrial designs.
|
|
Kenya Copyright Board (KECOBO)
|
Manages copyright for music, books, films, software, and other creative works.
|
|
Anti-Counterfeit Authority (ACA)
|
Enforces laws against fake products, piracy, and IP infringement.
|
We’ll help you identify the right agency and handle the registration from start to finish.
Request Your FREE IP Quote with M&A Registrars TodayIntellectual Property in Kenya can be owned by Anyone. i.e Individuals, businesses, or groups .
Here’s how ownership typically works:
| Owner Type | Who They Are | How They Acquire IP | Example |
|---|---|---|---|
|
Individual |
Creators such as designers, artists, writers, inventors, or developers.
|
By creating something original — e.g., a song, app, or logo.
|
A Nairobi designer who writes and records their own music owns the copyright.
|
|
Company / Business Entity
|
Registered business, organization, or corporate body.
|
When employees or contractors create work on behalf of the business.
|
A tech company owns the software its developers build under employment.
|
|
Partnership / Co-creators
|
Two or more people or entities working together.
|
When IP is developed jointly — ownership is shared unless otherwise agreed.
|
Two inventors who design a solar cooker together share the patent rights.
|
|
Purchaser / Licensee
|
Individuals or businesses that buy or license IP from others.
|
Through a sale, transfer, or licensing agreement.
|
A café that buys logo rights from a freelance designer
|
When it comes to protecting your ideas in Kenya, Intellectual Property (IP) falls into three main categories — each designed for different types of creations.
| Branch | What It Covers | How It Protects You | Examples |
|---|---|---|---|
|
1. Industrial Property
|
Protects your business and technical creations — such as trademarks, patents, industrial designs, and utility models.
|
Keeps others from using your brand name, product design, or invention without permission.
|
Your company logo, a new jiko design, or a unique packaging style.
|
|
2. Copyright and Related Rights
|
Covers creative works — things you write, record, design, or produce.
|
Gives you full control over how your work is used, shared, or sold.
|
Your photography, music, book, or short film.
|
|
3.Plant Breeders’ Rights
|
Protects new plant varieties you develop through research or innovation.
|
Lets you profit from and control how others use your improved seed or crop variety.
|
A new drought-resistant maize or tea variety.
|
In short:
Whether you’re an artist, innovator, or farmer — there’s a type of IP protection made just for your kind of creativity.
Kenya offers several ways to protect your ideas — from your brand name to your inventions.
Here’s what each type of Intellectual Property (IP) means for you and your business:
| Type of IP | What It Protects | Validity / Duration | Example in Kenya |
|---|---|---|---|
|
Trademark
|
Your business name, logo, slogan, or brand identity.
|
Renewable every 10 years.
|
“Safari Pure Tea”, “Tusker”, or your own company logo.
|
|
Patent
|
A new invention, product, or technology that solves a problem.
|
Valid for 20 years from registration.
|
A solar-powered water pump or automated hand sanitizer dispenser.
|
|
Copyright
|
Creative works — what you write, record, design, or produce.
|
Lasts for the creator’s lifetime + 50 years.
|
A song, book, YouTube video, or mobile app design.
|
|
Industrial Design
|
The look and feel of your product — its shape, pattern, or packaging.
|
Renewable every 5 years, up to 15 years.
|
The iconic Coca-Cola bottle or a unique perfume bottle shape.
|
|
Utility Model
|
A small but useful improvement or tweak to an existing product.
|
Valid for 10 years.
|
A modified jiko or improved handwashing station.
|
|
Trade Secret |
Confidential business information that gives you an edge. |
Protected as long as it stays secret.
|
A restaurant recipe, customer list, or software algorithm.
|
|
Geographical Indication (GI)
|
Products linked to a specific region’s reputation or quality.
|
Indefinite (while the link to origin remains).
|
Kenyan coffee, Akala sandals, or coastal coconut oil.
|
|
Plant Breeders’ Rights
|
New or improved plant varieties you’ve developed.
|
Usually valid for 20–25 years.
|
A drought-resistant maize or a new tea variety. |
Tip:
Even if you’re running a small business, registering your brand name or logo as a trademark is one of the smartest moves you can make — it protects your identity as you grow.
From trademarks and copyrights to patents, we make the process simple and compliant.
Request Your FREE IP Quote with M&A Registrars TodayTo be protected under Intellectual Property law in Kenya, your work must be:
Example:
An idea for a movie isn’t protected until it’s written or filmed. Once it exists in a tangible form, copyright protection applies automatically.
When you register your Intellectual Property in Kenya, you get exclusive rights to:
That’s how your idea stops being “just an idea” — and becomes an asset.
An asset you can monetize, license, or even use as collateral when applying for a loan.
In short: protecting your IP protects your hustle.
Kenya’s system for protecting ideas and innovations is backed by several key laws. Each one focuses on a different aspect of Intellectual Property (IP):
| Law / Act | What It Covers | Why It Matters to You |
|---|---|---|
|
Governs patents, trademarks, industrial designs, and utility models.
|
Protects your inventions, brand names, and product designs from being copied.
|
|
|
Copyright Act, 2001
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Covers artistic and literary works — like music, books, films, photos, and software.
|
Ensures you earn from your creative work and control how it’s used or shared. |
|
Trade Marks Act (Cap 506)
|
Focuses specifically on brand identity — your logo, name, or slogan.
|
Helps you secure your business identity and stand out in the market.
|
|
Anti-Counterfeit Act, 2008
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Targets fake or pirated goods in the market.
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Protects you and your customers from counterfeit products.
|
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Moveable Property Security Rights Act, 2017
|
Lets you use registered IP as loan collateral.
|
Turns your intellectual property into a financial asset you can borrow against.
|
|
Constitution of Kenya (Article 40(5))
|
Directs the government to support, promote, and protect IP rights. |
Reinforces your right to own and benefit from your creations.
|
Intellectual Property in Kenya can generate income just like any other business asset — and that income is taxable.
Whether you’re an artist earning royalties, a company licensing a brand, or an inventor selling a patent, several taxes may apply depending on how your IP is used or transferred.
The table below outlines the main taxes that affect Intellectual Property in Kenya and when each one applies.
| Type of Tax | When It Applies | Who It Affects | Rate / Notes | Example (Kenyan Context) |
|---|---|---|---|---|
|
– When you receive royalties or licensing income from your IP. – The payer deducts tax before paying you. |
Individuals or companies earning from IP rights (e.g., musicians, authors, inventors, brands).
|
Residents: 5% of the gross amount. Non-residents 20% of the gross amount. Remitted monthly by the payer to KRA. |
– A Kenyan musician licensed their song to a TV station. – The station deducts 5% withholding tax from the royalty payment before sending the balance. |
|
|
2. Income Tax |
– When IP income (royalties, sales, or licensing) forms part of your personal or business income.
|
Individuals and companies who own, license, or sell IP.
|
Taxed under the Income Tax Act at normal rates: • Individuals: Graduated rates (up to 30%). • Companies: 30% of net income. |
– A software developer earns money from app subscriptions. – The total income (after expenses) is taxed as business income. |
|
3. Value Added Tax (VAT) |
– When IP rights are licensed, franchised, or transferred as part of a taxable service.
|
Businesses and professionals providing IP-related services (e.g., licensing, franchising, consulting).
|
Standard VAT rate is 16%, charged on the value of the transaction if the business is VAT-registered.
|
– A Kenyan fashion brand licenses its logo to another company. – VAT at 16% is charged on the licensing fee. |
|
4. Capital Gains Tax (CGT) |
– When you sell or transfer ownership of an IP asset (like selling a patent or trademark).
|
IP owners or companies selling or assigning their IP rights.
|
CGT is 15% of the net gain (selling price minus cost of acquisition).
Applies under the Income Tax Act. |
– A local inventor sells their patented water filter design to a manufacturing company.
– The gain is subject to 15% CGT from the Seller (inventor.) |
|
5. Stamp Duty |
– When executing licensing or assignment agreements involving IP.
|
Any party entering into a formal IP contract (e.g., license or sale).
|
Charged under the Stamp Duty Act at 1% of the contract value (in most cases).
|
– A film producer signs a licensing agreement with an advertising agency to use footage.
– The agreement attracts stamp duty at 1% from the buyer (advertising agency.) |
We’ll help you register your IP and stay compliant with KRA tax obligations.
Request Your FREE IP Quote with M&A Registrars Today| Where to Register | Step-by-Step Process | Type of IP & Who It Affects |
|---|---|---|
|
1️. Go to nrr.copyright.go.ke. 2. Create an account on the National Rights Registry (NRR) portal. 3. Upload your work (e.g., manuscript, song, photo, video, or software). 4. Pay the registration fee online (≈ KSh 1,000 per work or 500 for software — fees may vary). 5. Submit and wait for approval. 6. Download your Certificate of Copyright Registration once issued. |
Copyright — for creators of original works such as: • Writers, musicians, artists, photographers, filmmakers. • Software developers and digital content creators. Protects creative works from copying or misuse. |
|
|
1️. Conduct a trademark search to ensure your name/logo is unique. 2. Submit your application online through the KIPI portal. 3. Pay the official application fee (≈ KSh 4,000 for first class; varies by number of classes and applicant type). 4. Wait for examination and publication in the Industrial Property Journal. 5. If there’s no opposition, your mark is registered. 6. Receive your Trademark Registration Certificate. |
Trademark — for businesses and brand owners who want to protect: • Logos, slogans, product names, or service marks. Prevents others from using similar marks that could confuse customers. |
|
|
1. Conduct a patent search to confirm your invention is new.
2. Prepare and submit your patent application (including drawings, specs, and claims). 3. Pay the official patent fees (filing ≈ KSh 3,000; publication ≈ KSh 3,000; examination ≈ KSh 5,000 — fees vary depending on complexity and applicant type). 4. Wait for examination and publication by KIPI. 5. Once approved, receive your Patent Certificate. |
Patent — for inventors and innovators developing: • New products, processes, or technologies. Grants exclusive rights to use, make, or sell the invention for 20 years. |
|
|
1. Conduct a design search to confirm your design is unique.
2. Submit your application with design drawings or images. 3. Pay the registration fee (varies; check current KIPI fee schedule). 4. Wait for examination and publication. 5. Receive your Design Registration Certificate once approved. |
Industrial Design — for designers and manufacturers of: • Product shapes, patterns, packaging, or visual design features. Gives exclusive rights to the design for 15 years (renewable). |
At M&A Registrars, we handle the process end-to-end — from searches and documentation to filing and follow-up — so you don’t have to deal with the legal jargon.
Contact us to request a free personalized quote from us within 48 hours.
An IP violation occurs when someone uses your registered work without permission.
Common examples include:
If you face IP infringement in Kenya, you can:
Pursue legal action for damages.
We’ll help you take legal action and protect your ownership rights effectively.
Request Your FREE IP Quote with M&A Registrars Today1. What is Intellectual Property in Kenya?
2. Who can own Intellectual Property in Kenya?
Anyone can.
3. How do I register my Intellectual Property in Kenya?
You can register your Intellectual Property through two main agencies.
4. Is Intellectual Property taxable in Kenya?
Yes.
If you earn income from your Intellectual Property — such as royalties, licensing fees, or sales — it’s subject to withholding tax under Kenyan tax laws
5. What if someone copies my idea or work?
Your brand, your formula, your software, your song — they’re valuable.
Many Kenyan entrepreneurs spend years building their business identity, only to lose it because they didn’t protect it in time.
At M&A Registrars, we make Intellectual Property registration in Kenya straightforward, affordable, and practical.
Whether you’re a local startup or a foreign company setting up in Kenya, we’ll help you secure your creative and business assets from day one.
Book Your Free Consultation Today!
Ready to protect your brand or invention?
Book your free consultation with M&A Registrars today.
Let’s secure your ideas before someone else does.
At M&A Registrars, we make IP registration simple, transparent, and affordable — for creators, startups, and established businesses alike.
Request Your FREE IP Quote with M&A Registrars Today
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