Working Paper No. 18 of 2011 on Overview of Intellectual Property Rights: The Case of Kenya

Abstract

Theory and experiences amongst the Asian Tigers reveal that knowledge has an important role to play in promoting economic growth. Knowledge however, is a non-rival good with partial excludable characteristics. Intellectual Property Rights therefore encourage the development and commercialization of creations of the mind - intellectual property (IP). If such creations were made available to the public without any legal IP protection, this becomes public knowledge, hence standing the risk of being copied or imitated. This diminishes the potential profits and discourages innovators from engaging in innovative activities. This study aims at reviewing the intellectual property regulations and structure, drawing on its role in promoting the generation of new knowledge. The study does this by providing a global picture with regard to the use, economic benefits and origin of intellectual property rights, and by providing statistics on the different intellectual property rights tools in Kenya, such as patents, industrial design, utility models, trademarks, copyrights and plant breeder’s rights. The study also provides an overview of the regulatory and institutional framework governing intellectual property rights, including a review of the recent developments, and the challenges faced in Kenya, including cases of infringement and misappropriation of intellectual property rights. The study’s recommendations encourage development of knowledge based growth as envisioned in Vision 2030.