The Kenyan Industrial Property Act, 2001 defines an Industrial Design as any composition of lines or colours or any three dimensional form, whether or not associated with lines or colours: Provided that such composition or form gives a special appearance to a product of industry or handicraft and can serve as a pattern for a product of industry or handicraft.
The protection under the Act shall not extend to anything in an industrial design which serves solely to obtain a technical result.
Why register an Industrial Design?
The design makes the product attractive and appealing therefore adding commercial value and increasing its marketability. The registration and protection of the Industrial Design ensures that the individual or entity that has registered the design is assured of an exclusive right against any unauthorized imitation or use by third parties.
A protected design may also be licensed or sold to others for a fee. By licensing your design, you may be able to enter markets that you are otherwise unable to serve.
Conditions for registration of an Industrial Design
- Novelty: An industrial design is only registrable if it is new (universal novelty) and has not been disclosed to the public prior to its application for registration.
- Originality: Identical or similar design must not have been disclosed before the filing date.
- Public Order: The design is not contrary to public morality and order.
- Copyright Distinction: An Industrial Design is not registrable if it is protected under the Copyright Act, No.12 of 2001.
What are the filing requirements?
The following information and documents need to be provided in the application for registration of an industrial design in Kenya:
- An Application form.
- Power of Attorney: Required where the Applicant is represented by an agent (mandatory for foreign applicants).
- Graphical Representations: Drawings, photographs or other adequate graphical representations of the article embodying the design.
- Product Category: An indication of the kind of products for which the industrial design is to be used.
- Filing Fees: Proof of payment of the Application fee.
- Deed of Assignment: Required where the Applicant is not the creator of the design.
Search and Publication Process
A search should be conducted by the Applicant to confirm whether the industrial design is registrable or not. After the search, the application can be lodged.
Publication stage
A notice of an application to register an industrial design shall be published in the Industrial Property Journal. The application is published in order to invite any person to make an objection to the registration within 60 days. Where there is no objection, the process proceeds to registration.
Duration of Protection
The law provides that the duration of the registration of an industrial design shall expire after five years, following the date of registration. The registration may be renewed for a further two consecutive periods of five years each (total 15 years).
For registration of Industrial Designs, contact our Intellectual Property lawyer either via Email: legal@ombogo.co.ke or Call: +254 771 775520 / +254 703 741276.
