Kenya: Look no further than the Copyright Act to expand the layer of IP protection

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Kenya: Look no further than the Copyright Act to expand the layer of IP protection

Sponsored by

25VonSeidels.png

While a 3D trade mark registration of labels and/or packaging used in relation to products sold in the Kenyan market should provide the owner thereof with sufficient intellectual property (IP) protection, owners may add a further layer of IP protection in the labels through copyright in terms of the Copyright Act, 2001 (the Act).

While a 3D trade mark registration of labels and/or packaging used in relation to products sold in the Kenyan market should provide the owner thereof with sufficient intellectual property (IP) protection, owners may add a further layer of IP protection in the labels through copyright in terms of the Copyright Act, 2001 (the Act).

Copyright is a form of intellectual property that gives authors (creators of works) automatic and exclusive rights to deal with the works in whatever manner permissible under the law. To qualify as a work in terms of the Act, the work must be original (not copied) and in a tangible form (written down), including in digital form for example CD, books, music cassettes.

Section 22(1) of the Act defines seven works which are eligible for copyright protection or related rights (subject to compliance with the prescribed conditions), being literary works, musical works, artistic works, dramatic works, audio-visual works, sound recordings, and broadcasts.

In practice, product labels and packaging can be categorised as both literary and artistic works.

Section 22(3)(a) and (b) provides that a literary, musical or artistic work will be eligible for copyright if sufficient effort has been applied on making the work to give it original character, and it has been written down or reduced to material form. Therefore, provided these conditions have been met, the creator of a product label and/or packaging should enjoy copyright protection for these works (subject to exceptions for commissioned works or works created in the course and scope of the creator’s employment).

Section 22A of the Act further provides for the voluntary registration of copyright in Kenya in order to assist with the proof thereof.

The Act safeguards the copyright in eligible works and encourages innovative ideas for the creators and owners of the works to ultimately profit from them.

Our team of experts would gladly provide further assistance and guidance on possible copyright protection in Kenya in terms of the Act.

Aletia Oberholster and Adré Pretorius

more from across site and SHARED ros bottom lb

More from across our site

IP experts gathered in San Francisco last week to discuss the changing global SEP landscape and new licensing models for AI infrastructure
SKW Schwarz partner Daniel Kendziur explains how new green claims rules are changing his workload and bringing him into direct contact with marketing, PR and government affairs teams
The government is targeting earlier resolution of SEP disputes while ruling out a standalone IPEC rate determination track and restrictions on injunctions
Ana Castedo, who brings a strong focus on patent litigation, is due to help build the firm’s IP litigation offering in Madrid
A former scientist, inventor and now a patent practice leader, Hanane Fathi Roswall shares her views on leadership, diversity, the rise of AI and the promise of the UPC
With rumours that a third IP judge could yet join the England and Wales High Court, we run through some potential names while practitioners outline the importance of a well-stocked bench
Speaking to Managing IP at Via’s Bridge Summit in San Francisco, president Kevin Mack explains why the AI infrastructure boom is forcing a rethink of traditional SEP licensing and FRAND models
Law firms continue to sell clients on international footprints, but sprawling office networks count for little if financial structures discourage internal collaboration
Via's Qi pool expands its footprint in Asia with the addition of Chinese smartphone giant and Japanese auto company
Matthew Cassie becomes the tenth partner to join the firm’s London outpost, and the second since it opened its new headquarters in May this year
Gift this article