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

As international interest in Southeast Asia grows, Sheng Rong Tng discusses how changing client demands and the firm’s multidisciplinary model are helping it compete for complex regional mandates
Todd Hopfinger, director in Sterne Kessler’s electronics practice group, says IP owners are contemplating how patent rights will be enforced as commercial activity expands beyond Earth
Christopher Stothers' arrival strengthens the firm's life sciences, technology and UPC offering as competition for top European litigators intensifies
Armstrong Teasdale’s Jim Heinen Jr discusses the challenge of balancing billables, business development and family life and explains why not all patent lawyers are science nerds
From cross-border jurisdiction to the end of the transitional period, Powell Gilbert’s Ioana Sabau and Bryce Matthewson predict the biggest talking points ahead
A wave of office launches and lateral hires reflect the draw of patent disputes, but booming AI, semiconductor and data centre markets are offering an even bigger IP opportunity
The hire of Frederick Nicolle as a partner continues Pinsent Masons' expansion while reducing Simmons’ patent prosecution offering in London to zero
The expansion into Granada forms part of a national ‘decentralisation’ strategy focused on providing proximity to research and tech businesses away from traditional hubs
Three successive wins have got the firm eyeing additional opportunities as ITC work booms
While many firms remain focused on generative AI, recent hires and practice launches suggest the next battle may be for lawyers who understand how AI is moving into the physical world
Gift this article