COUNTRY : REPUBLIC OF KENYA
CAPITAL : NAIROBI
LANGUAGE : ENGLISH
MEMBER : PARIS CONVENTION, WTO-TRIPS, BERNE CONVENTION, MADRID PROTOCOL, WIPO.
The IP affairs in Kenya are looked after by the Kenyan Intellectual Property Institute (KIPI)
The Geographical Indications affairs in Kenya are looked after by the Ministry of Industrialisation.
· Geographical Indication is a source indicator informing consumers about a product’s origin from a certain place.
· Geographical Indication confirms certain special characteristics inherent to the product.
There is no specific law on Geographical Indications in Kenya as yet, hence the following laws are applicable:
· Competition Law
· Trademarks Law
1. Appellations of Origin
2. Geographical Indications
GIs are protected as Collective & Certification marks.
Geographical Indications are not protectable if:
· They are immoral or against public order;
· Geographical Indications likely to mislead the public with respect to the place of origin of the goods;
· Trademarks containing or consisting of Geographical Indications likely to cause confusion as to the quality of the goods not originating from the territory indicated;
· They are confusingly similar to a trade mark for which rights had been acquired before the Geographical Indication is protected in its country of origin;
· Geographical Indications that indicate the place of origin of use of the wines & spirits originating in a region other than the place of origin
· Geographical Indications which are not or have ceased to be protected in their country or territory of origin
· Geographical Indications which have fallen into disuse in their country or territory of origin
Following can apply for registration of Geographical Indications:
· Natural / Legal persons carrying on activities as producers in the defined Geographical Area
· Groups of Producers
· Other competent authorities
Applications to contain the following:
· the name, address and nationality of the natural person or legal entity filing the application, and the capacity in which the applicant is applying for registration;
· the geographical indication for which registration is sought;
· the geographical area to which the geographical indication applies;
· the goods for which the geographical indication applies;
· the quality, reputation or other characteristic of the goods for which the geographical indication is used; and
· any other particulars as may be prescribed.
Once the application is received, it is formally examined. The application is then scrutinised regarding compliance with all the requisites. Once the application is found to be compliant with all the formalities and the requisites, it is advertised for objections from interested third parties.
If there is no opposition post filing of the application, or the opposition is unsuccessful, the applicant’s Geographical Indication is registered.
Only producers registered & carrying on activities within ghe indicated geographical area are allowed to use Geographical Indication in the course of trade & commerce.