Key Takeaways of Kenya's New Intellectual Property Bill
date: 2026-08-04

Kenya’s current intellectual property management framework is fragmented.The Kenya Industrial Property Institute (KIPI) administers patents, trade marks, utility models, and industrial designs pursuant to the Industrial Property Act and the Trade Marks Act; the Kenya Copyright Board (KECOBO) oversees copyright matters pursuant to the Copyright Act;and the Anti-Counterfeit Authority (ACA) is responsible for combating counterfeiting pursuant to the Anti-Counterfeit Act.


The Kenya Intellectual Property Bill, 2026 (hereinafter referred to as the "Bill"), which has been submitted to the National Assembly of Kenya, consolidates the Industrial Property Act, the Copyright Act, and the Anti-Counterfeit Act into a single comprehensive piece of legislation, thereby repealing the three aforementioned standalone statutes upon enactment.The Bill also establishes the Kenya Intellectual Property Authority (KIPA) to centralize and absorb the existing functions of KIPI, KECOBO, and ACA.Consequently, this single institution will holistically manage patents, industrial designs, trade marks, utility models, copyright and related rights, as well as anti-counterfeiting enforcement work.


The primary functions of KIPA include: receiving intellectual property applications and granting or registering the relevant rights; establishing an IP recordal system to regulate the importation and manufacturing of goods; establishing and maintaining registers of intellectual property information; and combating trade in counterfeit goods.


The Bill proposes the establishment of a unified Intellectual Property Tribunal staffed with personnel specialized in handling intellectual property disputes. This Tribunal will hear and adjudicate IP-related disputes and appeals.


In essence, the Bill establishes a unified national intellectual property regulatory body. From a practical perspective, this is expected to streamline administrative procedures for securing IP rights and resolving disputes in Kenya, representing a positive and welcome development.

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