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

Rebekah Gay discusses overcoming self-doubt, supporting the next generation of women lawyers, and how changing client demands are reshaping IP practice
New filing data suggests Germany's grip on UPC litigation remains strong, while Bardehle Pagenberg, Arnold Ruess, Hogan Lovells and Carpmaels notch up notable cases
In 27 years, KASS has expanded to seven countries in southeast Asia and is now eyeing further growth opportunities. Its CEO shares her perspective
Mine Güner discusses bridging law and business, taking the initiative, and why Taylor Swift helped put copyright on the map
Cindy Goh discusses why she launched Cheang & Ariff's IP department, the improving litigation environment in Malaysia and what to consider when using AI
Increased focus on adding patent litigation depth to the firm’s Dallas office was behind the boutique’s most recent hires
IPH's Canadian acquisitions are paying off on paper, but a couple of strong years may not be enough to show that the group's strategy has truly won over the market
Examiner statistics could help patent prosecution practitioners tailor strategies, turning an area of high variability into a potential competitive advantage
The England and Wales High Court’s ruling in Accord v Novartis may not rewrite the law on plausibility, but it does signal a pragmatic approach that could provide greater certainty for life sciences innovators
Firms with established sports relationships and specialised expertise are well positioned to capture the market’s expanded pool of IP work
Gift this article